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DKI-IVEUED IN THE 



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vsi: OF !iErREsi:j\-T.rrnEs of tiif rxrrr.n iS^JtrES, 



ON THE Jd Jan-uary, 1810. 



On the the ..•::;:* RcaoiutJGyu apf\v:>vir.g the conduct of the Executive in relation 
tr* 'he refui-al to receive any further covimunicaifon from Francis James 



:.\:x. NEsvTnv — ^'r. Speaker — It 

s With rei>:re\ sir, I Icel yself, con- 

olrai .cd to ofTci- sor.ie observations, 

on the resolution froin the Senute, 

now on its passaore. 

1 am net ic^mrant that I am tres- 
jyisii'ifj on your p'.«<ience ; and that, 
.it fhis late period of the dirxussion, 
r address you to no little disulvan- 
L..(':c ; but I derive, under such dis- 
c r.rapjcmcnt, threat saiisfaction, in 
knowinp^, that you' politeness and in- 
dulc^encc arc at all times the sarno 

I lament, sir, that the discussion 
has not been confined to the subjecf, 
which the rcsol"tion presents foi con- 
sideration, but as I liad no control 
over the debate, I am compelled to 
pursue it throupii ihj meanders it 
l.as taken. 

As silence on the observations, 
which have been made, though on 
points foreip;n to the one in debate, 
mav be ascrih:;d to an acquiescence in 
their justness, I cannot regain iVom 
apprising you, lliat I hold myself 
bound to answer 5u;-h, as shall in mv 
judjijment demand an answer. This 
course will coinptl me to discuss 
points no ways related to tlie one 
bei .re the House 

I shall endeavor to atone for tnkini^ 
this range, by pivinj'; to each subject 
a separate co.isidera'ion, and by ob- 
serving a due regard to brevity. Wi h 
this apology, I h3sten in the first in- 
stance to the discussion of the compe- 
tency of Mr. Erskine's powers to con- 
clude the provisional agreement of the 
19 th of April last. 



I put aside from this discussion tho 
instructions to Mr. Erskine, au O'- 
ising him to tender reparation for die 
atta'k on tb.e Chesapeake, because his 
power so to act has not beer d^stii ctly 
questioned. The g< nilomcn who 
have preceded me on the same side of 
the quesiion have sustai- ed, I trust to 
yr^u" satisfaction, and that of the 
House, the competency of Mr. Ers- 
kmc's powers to m ke and concludo 
the arrangement of !9th of April last.- 
Persuaded, as I am. that they hove 
pe-Torm.ed this tark with great abili- 
ty, I will not tire your patience, by 
passir.g over the same grourd, nor by 
citing 'he same authorities on which 
they 'elicd to s pport their arguments. 

1 will permit myself only to take up 
the discussion at the points which 
terminated their remarks. I will con- 
tent myself with furnishing some au- 
thorities not pressed into service, in 
supportof thcp 'siiions taken by them. 
That Mr. Erskine was. a mini»t:'r 
Plenipotentiivry, cannot be derisd ; 
in that character he was received, and 
in that he ac'cd until he was rcc^dled 
is equally true. The proposi ions 
made by him in that charac er w-re 
received, and acted upon, as the pro- 
positions of his government. The 
Executive of the U. S. had ro con- 
trol over his private instructiors — 
no right to demand an exhibition oi 
them- thry were given for th • gov- 
ernme' t of the ministei's conduct — ii 
he acted in contravention of his secret 
orders, over which his power was ab- 
solute, he became responsible to hi'^ 



-aovercijjn fcr his non-observance of 
them ; but nis pu'^licacts must neces- 
sarily bebii.dinij S< oblii^atory,orii;inat- 
ingasthey must be corijiclered, in the 
general St avowed powers of the minis- 
ter c::;rciscd in conformity to hi^ pri- 
vate instrucfions. if his secret instruc- 
tions limit hi? genera! commission, 
he is bound hr;;-icstly to apprise the 
government, with which he is nego- 
tiatinp^, of the fact — He cutylit to sav, 
to this boundary I can p;o — beyond it 
I cannot pass. To illvistra»e this doc- 
tiine, which I hold to be sound and 
correct, I will ujire as an instance the 
chaste conduct of Mr. Monroe I'nd 
Mr. Pinkncy, who previous to afl'iK- 
inj» their sif::;natures to the treatVt con- 
tlu led by Ihern wih the Hritish Com- 
missioner", publicly appris:d the 
commisBiOiicrs, tluU they had no au- 
thority to bind the p^ovcrnmcnt of the 
U S. 2s their instructions did not por- 
mit tlicm to conclude a treaty which 
should not contain stipulations ajrainst 
imp'essments. The fat of that trea- 
ty IS knov/n. It was rejected. The 
British government could not com- 
plain, because it was previously in- 
formed that the ministers of the U. S. 
had no power to form such a treaty. 

Mr. Erskine neve:* entertained a 
flouht, but iliat his powers were com- 
petent to the formation of the arrant;e- 
ment of April last — he unh- sitatinply 
declared in submittint^ i)]<i proposiijons 
for suspending 33 to tlie United S ates 
the operation of the orders of council, 
that he was commanded by his majes- 
ty to submit them to the consicier.;tion 
of i!iQ Executive of the Uniied States. 
I v.il! prove thi-- statement by his letter 
of April 18, 1809, and o' hers address- 
ed to the Secretary of State — he says, 
*' The favorable chan»::e in tl.e rela- 
tions of his majesty with tlie United 
States, vl/ich has been produced by 
the act (\isually termed the non -inter- 
course act) passed in the last session of 
Conp;rc's, was also Jintitipated by his 
majesty, and has encriuraf;ed a further 
hone, that a rcconsidera'inn of the 
existing differences mijjht lead to 
their satisf ctory adjustment. On 
these ♦rrounds and expectations, I am 
instructed to communicate to the A. 
,.„.■,. — , gov^^rni'"' t ♦ ^'- majesty' 



2' "" ^ . E'^n 

determination of sending to the Unit- ^^fc/ 
ed States an envoy extraorci'nary, in- 
vested with full powers to ror elude a 
trraty on all points of the relations 
between the 'wo count' ies. In fhe 
Tnran rimc^ ivitli a vieiv to the cffjin- 
ment of no desirable an object, hia ma- 
J'litii rj:iuld be tvL'linq- to vjit/idraw his 
ord-rs of council of Ji.niary ard No- 
vember 1807, so far as respects the 
U-itcd States, in the persuasion that 
the P-e^id-^nt would issi-* a proclama- 
tion for tlic renewal of the intcrco se 
viih Gre ft Brita'n, and that wha'ever 
(liHerence of opi lion should aiise in 
the inlerpretB' ion of the terms r>f s'lcli 
an agreement, will be removed ii) the 
proposed negociation." In ano'her 
le'trrof A pill 19, he says, " In con- 
sequence of the acccntance by the 
President, as staged in your letter of 
the ISth i.st. of the nropo!;aIs m-dc 
by tne on the part of his maj sty, in 
mv letter of the same day, for the re- 
newal of the intercourse bctv.ccn tho 
respective countries, / am auihoriscd 
to dedai-e ('hit his t;:ajesti/*s crjcrs in 
couvcil 'if January and AovemOer, 1807. 
ivill have been iviihdrawn, as respects 
the United States or\ the 10th day of 
June next" (1809). The above ex- 
tracts from iMr. Erskine's letters leave 
us in no suspence as to the opinion he 
h.^d formed of hi', instructions. In 
this settled belief, that he had con- 
formed strictly to the ins'ruclion;^ and 
intentions of his court, we find him so 
ij'easJune 15, I SoP, when he notifi- 
ed to the Secretary of State the new 
order of council issued on the 26ihof 
April last. In this letter he says, " In 
consccjuencc of ojjlcial comntunicatiotis 
sent to vie from his nh:jt:sfi/a govern' 
vicrit, since the adofition of that mea- 
sure^ I am enabled to assure you that 
it has no connection whatever vjithth: 
overtures (of the ISth of April, IS09) 
which I have been authorised to incke 
to the go-r-ernment of the United States^ 
and that I am persuaded that the tcrnik 
of the nj^rec^ncnt so happily concluded 
by the recrnt uegociarion^ will be strict- 
Iv fulfilled on the part of his majesty. 
The internal evidence of the order it- 
self would fully justify the foregoing 
construction, and moreover it will na 
have escaped your notice that the rr. 



peal has not thereby l)een made of the 
onlers o*" ihe 7th of January, 1807, 
which, accoi dint* (o the ei)t»aq;emeiit I 
have entered into, on th.e part of his 
m iiesty, is to be vtbrnirateH wi h the 
oliier orders, in consequence of the 
adjustment of differences hnrween the 
two countries a, id the confidence en- 
tera:ne.d of a farther conci'iitory un- 
derstaiidinp." 

Tlius it app'^ars, that 'Mr. Erskine 
from communications, su!)sequent to 
the 'JSfh of April, from his t^overn- 
ment, is decidedly of opinion that he 
acted witliin the pale of his instruc- 
tions. 

His lanpnap;e is free from ambiafuity 
— be says, ♦* In consequence of o^/aa/ 
conimunicafions sent to me from his 
maj.'sty's i^overr-ment. since Ihe ado/i- 
fionof the order of the Soih of April, 
I am enabled to assure you it has no 
connection whatever with the terms of 
cnrpfmr?//' concluded by the recent ne- 
gociation." Nothing; can be clearer 
tha:; '.hat his opinion v.ms made up on 
a full coiisidf. ration of all tlie instruc- 
tions received by him from his ^o- 
vernmeit. This must be evident to 
the most superficial observer on read- 
ing the followinp; extract from a letter 
of the 14th AuRust, 180'.\ addressed 
by him to the Secretary of State — it 
is as follows : " Under these circum- 
stances, therefore, findin5j that I could 
not obtain the recogninons specified in 
Mr. Canrii:i<;'s desp;.\tch of the 23d of 
January (which formed but one fiari of 
his instructions to vie) in the formal 
manner required, I considered that it 
would be in vain to lay before the 5"o- 
uernmentoi the United States the des- 
patch in question, which I was at li- 
berty to have done in extcnso, had I 
thouR-ht proper. But as I had such 
.strong groundii for believintr that the 
object of his majesty's government 
could be attained, thousjh in a diflfer- 
cnt manner, and t/ie !>furit, at least, of 
my several letters c/ instructions be 
fully complied with, I feel a thoroug:h 
conviction upon my mind; that I should 
be acting in conlbrmity with his ma- 
jesty's wishes, and, accordingly, con- 
cluded the late provisional agreement 
on his irtjesty's behalf v!\\\\ the govern- 
msnt of the United States."'^ The 



British government could not, from 
this view, disavc^w theac. of its mini- 
ster v/ithout incurring, and that jusily, 
the charge ol bad fuiih. To give sup- 
port and nerve to \.'u\i. inference, I 
v/ill read a passage from an author ol 
great ce'ebrity, Burlemaijui. The au- 
thor »:iys, " If he who has a commis- 
sion to treat has kept within the bound?-: 
of the pciver anncxid to his office. 
ihougli he acts contrary to his firivatc 
instructions, the sovereign is to abide 
by what he has done ; otherwise we 
could never depend on cngacfenients 
contracted by /:roxy." Ttiis authori- 
ty is full and in point ; it covers the 
whole ground ; it leaves no fissures 
through which crafty politicians can 
make an escape. On the reputation 
of the British goveruHicnt it fixes a 
blot, v/hich nothing, short of the pow- 
er of lime, can efface. 

I will now, sir, endeavor to shew 
that the Executive of the United 
Stales, in the formation of the ar- 
rangement, made with Mr. Erskine, 
conformed to the practice heretofore 
pursued by the adminiitrators of this 
government ; and I might add, with- 
out the fear of refutation, that it is a 
practice coeval with the dawn of civi- 
lisation. I reader my thanks to the 
gentleman from Connecticut (Mr, 
Dana) (or directing my atlention to an 
authority which sustains the position 1 
have taken. My allusion is to the dc* 
lebrated corresporidcnce between Mrr 
Jefferson ar.d Mr. H.'.nimcnd in 1791 J 
I will read such 'parts of this corres- 
pondence as have a bearing on this 
subject, and I will then shew its ap« 
plication. 

Extract of a note, |November 29th; 
1791, from Mr. Jeffei son ts Mr. Ham« 
mond. 

" Permit me then to ask, whelhei 
you are instructed to give us explana- 
tions of the intentions of your court 
a? to the execution of the seventh ar- 
ticle of the definitive treaty between 
the U. States of America and his Bri- 
tannic majesty. "With respect to the 
commerce of the two countries, we 
have supposed that we saw, in several 
instances, regulation" on the part ot 
your ecvl. which, il reciprocall) e- 
dcpud^ wo'.:ld materially li'u.-e :.i 



inferest nf both nations. On fni? sub- 
ice;, '»o, I niU'U bep; Ihc favor cf y( u 
ti: say, wl.rtlier yoi- are authorised 
to c Jicliidc, or to 7iegociatc arrangC' 
jiier Cs »viih U5 whicli iiuy i'r.z the com- 
irerce between the two roun'ries on 
prnrijilfs of reciprocal ailvaiU'u^e." 

Note f N 'v. 30, from Mr. Ham- 
'•Vf^<I to IM.. Jt ff rson. 

" In sta i;ij>f to you this indispcnsi- 
bl- corsid'-ra'ion, (to wit. the distus- 
at. of he 4 5 a: id C h irticles of the 
T>"> ie treaty,) I must z* the same lime 
a .I'e y u, .ha* in c^i fi'lc"re ofcxpe 
licncinf^ a siirilu disposition in h-^ 
e \' r: met cf be Uniipd Suites, i' is 
li.s m-ijcs'v's d«=^si:eto remove every 
ijj u .d and orcasion of misu'idersiai-.d- 
in ' which nav arise bewc^n ?he two 
C'lU tries : j\nd in cjnfovmi'.y to that 
d's ,o i''on i". his mv.jrstv, I ca'Ti add, 
tha I ?m instructed ',o enter into t'lC 
di^'-'iss'-^p of all such mecisures, as 
liiav b decried the : ost practicb'e 
oc :fi onable for E;ivJp^ olTer-t to those 
sMp-i'i inns of the dcfi »i ive treaty, 
Iht fx^r.u'ion of which h is hitherto 
bee*, d. : y. d, as weli by the jrovern 
ine:;t flh'5 nu-'rv ;'S by that of G. 
B'i'ain. In inswcr to vnur qucs'i'^n 
o • the'u'^jp.ct of the commere of G. 
B itai and the U:iitcd St;aes. T can in- 
fo, m y u, sir, thrit the ki p: is sincere- 
ly di.sposed to promote and facilitate 
tho c"» > mer. i d iiitcrconrso be ween 
the two countries, and that I am au- 
to ri ,ed to rommuMJcate to th.is C;o 
verrmen'- his majesty's rcadi'css to 
c into a n. {»oci:.tion for esfal.lish 
i -J that inlercouis<? upon principles oi 
reciproc ;I hcriefi:." 

In an explanatory note, rucember 
ft' ', M • II iiimond exp'"e«^^e!> him- 
^,c ':' Wi — 

"A I :im extremely si'icit<^us to 
avoid ..ny Tniirepicseniaiior of my 
it:t?r r.f tilt- 30'h ull. I have now tlic 
iin o of ■.t;i inj; to you in explana- 
tion of th ' part of i» to which you 
iiave .d rr'.'d in y ->n' '^ of yes'c d • v, 
Ji.'t ai;houj»h (i's I formerly mcntlo'.ed 
I . y fir't 'Mmvrrss'Mons v i'h jO"' ufrer 
I y irrival in lhi<c(/ui.trr) I Jjin not 
yc: cnifiorjert d to conc.'wttr any 
'■ fi t've ui- :.<( nirnt wivh itspcct to 
t coT.merci.d irtcrcours; be;.v<^cn 
c t'.vo ccuntiies. I itill nr.eaiu it to 



be undcistco'l, tnat 1 ava tuiiv uuiliu- 
riscd to enter into a negociation, for 
that purpose, and into the discussion 
of such principles, as m-iy appf-.-^r 
b^st calculated to promo'ctiiat object, 
on a b.'-is of rcciprocil r.dv<mtap;e. 
I am firl er auth-rised to receive any 
p-cp ;silii.ns v.hicli 'hi". k,-overr.m'.:;.t 
may be pleased to mrkc to u^e u;ji/r. 
tl.is Rubiect." 

Mr. J frjr«;on'3 cns.vcr isd ilcd De- 
cember 1 3 i' — 

'« I l.;4v.- I. ;d bet. re ihe President 
of 'lie V S. 'he letters 'f Nov. 30 li 
a- d Dec 5 ■% 'v Ih w hie Is you hotior- 
ed me. and, in cnnsequence thceof, 
and par'icu'^rlv ' f ihat part of your 
leHer o^" D-c. 6'.b, lyhere you say 'liat 
vou are fu'ly a'";Iioriscd to enter into 
a nepj'>c a ion f-'i* the pur osc cf ar- 
nncin? t!ic commerciid intercourse 
bp'we n (he two rou^U; i'S ; I i..>\c 
lie honor to inform ycu that I am lea- 
dy to receive a commu'ica'ion of your 
full powers for that puipose. at aiy 
time vou shall think proper, .i.d o 
proceed imrr.ediate!} to their (.bject." 
Mr. Himrro d's aiiswer'of the Hlh 
D<'C. !s as fol!')WS. 

" In answer t.-) your letter of yes- 
terday, lean oi'y rr-pea' v/ha: I have 
before stated in my fi s' conveisaiion 
w'th you aftr-r my arrival, aiul subsc- 
cjnently in my le'.ter of tise 6th oi il.is 
mont ., viz. that I have no spec: 1 om- 
mis'^ion mpowcri.i' me lo conclude 
or.v defini'ivr: an.t'iccment upon the 
subject of the commercial ii.te'rou.re 
bfiweer. Gieit 15 iiai.' andtlie L'; iicd 
Santos. IJu' that I ccnceivo ni;::tlf 
fi!ll\ compete::', to enter ifto aiici^o- 
ciation with this j^overnmeni for that 
purpose, i 1 the disrussion of the prin- 
ciples which may serve as the basis, 
and cons iiii'e t' c stii)uaiioiiS ot any 
suf h defini'ive arr.'npe ncnt. 
•' I iiis op-r.'-i: ot r y cmpetency is 
fou 'Ii."'l niion i> y ins ruc'ioi ., inag*- 
mu^h as the^v are to rc^u! 'le my per- 
Roi a! ( onriurt, 8c up'i- the coovicaon 
fhn the 'e'«i?is of credence frcm bis 
rr.aicst}. irv^.stinp: me with a pj. ncral 
pleii] otfrtiarvcharactt 1 whii h > hud 
the^hoi r>r of prf.ertii g to the Piesi- 
of the U. S. a*^d hiscofi^equent recofj. 
nition of me in tha: ciia'acter, are au. 
tiioiltjcs dGcidcdly auequalc to the 



cominencsnient oi ;a prdimimry ne- 
g '^ijiiion." 

On receiving this letter Mr. J'^rTer- 
srivio lor.gcr insisted oa a previ".u3 
t );nmunicaUnii of Mr. l-I;*n'monfrs 
s;)ccial commission or instructions. 
Mr. Hammond derived bis powers 
ii.'m his nlcuipotei'li.iry chaiacter and 
ii?;dfrum his instructions wh'ch were 
to icj^iihit-.' his personal conduct. The 
last he did nnt cxh'l 'i. H's Tf^'te's 
ci c.cdencc \vc3C iij llic !:li:;('.u uI the 
St.c.r!'tary vi' S a e. 

That Mr. Joflerson vvas balisilr^d 
\vtth the exposition of Mr. Ham- 
inorid's conjpet ncy> made out by 
!un\->elf in his corresp'^-ndence, is clear- 
ly asccrl«i;icd trom the suiiscquent 
arts :<nd conduct ot" Mr. JclTerson. 
Tlie cxecuii^»n of the seventh nrticie 
ol the definitive treaty of 1783 ;.iid 
the fornr.ation of a basis for a treaty 
of commerce, clepen<!cd on tiie re ult 
of the discission beiwem him a''d 
Mr. Hammond. Mr. JofTcfson could 
not in ju'i'ice, to his own rcputati'ir, 
and that of the administration, com- 
mit the mterest of his country to a 
ciipi .Tr.j'.:carrar;.2;ement, the execution 
of whicii, whtr v;.i.'ip. shoi'id be un- 
ccitui; one which shc/uld not re- 
ciprocally bind both jrovernnienlii ; 
but he was convinced, that he was 
Icavin.^ nothinej at hazaid — to uncer- 
lyinty, so f r t;s a rit^bf construc'ion 
of powers was concerned. The fo!- 
If.wi.iiif txtrac* from his letter of Ur.c. 
151^1 10 Mr. Hammond, which opet.'S 
the discussion with Mr. Hammond,, 
speaks tor itself— 

" i am to acUnowledL^e the ho- 
nor of year letter of Noven^ber 
oOtb, and to express the satisf.ictinn 
wih which we Irarp, that yuu are 
inhuuc ed to discuss with us, the nea- 
surcs, wiiich reason and nr.nc.iczbili'y 
ir.a) dictate, for ^ivinv?- efTcct to the 
siipuiaticns of .jur treaty, yet remain 
inp^ 'o bo executed. I can assure you 
on I he part of the Ui iied bia'es, of 
eve; disposition to lessen d'fR ultics, 
bj ab ing over whatever is of smal- 
ler concern, and insistine: on those 
ni-i CVS only, which cither jns'ice to 
indivi.^uais or pulvlic policy render 
jndi.i: ..-t,sihir- ; in f.rder to simplify 
ouidiijcussions by dcftuing precisely 



their obj-^cls, 1 '-^''^ -i'- i'.-i;-r to prrj- 
pose th:\t we shall brt^'n by sperifyin<]^, 
on each side, the particular ;icts which 
ench co'.^iders (o have been done by 
the other, irt contravention of the trea- 
ty. I shall sot the example." 

'i he lant^mjrc of this extract justi- 
fies the propriety of tiie ob-,ervatio'\» 
made. It s'lewa clearly that Mr. Jef- 
ferson did not receive from Mr. Ham- 
mond a communicati<»n of hi-jinsiiuc- 
tions. "lam," says Mr-Jcflcrson, "to 
acknowlcdfre ihe honor of your let- 
t.-r of November 30'.h, a;d to express 
the satisfaction, with which we Icnrn, 
that you are instructed to discuss with 
us the mcasur-.-s which reason 8c prac- 
ticabMiymay dictate, for i^ivin^ efTect 
to ihp siinulation of our trei.ly yc-. rc- 
rr.:iTnin(T •<"> be er.ccutco " On reading 
this ?.nd o'her parts of the correspon- 
dence itfentively every doubt iT:ust 
be removed — even the sceptic will 
bpcome crcdu^''.u'^. 

A comparative view of the nej2:ocia- 
tiorv; cr.rried on vvjth Mr. Hammond 
under 'he admir.istr?tion of Precidcnt 
\Vjsb'n";ton ard the ere cariiedon 
lately with Mr Ersl-itc under the di- 
rcrtioT ofthe present Chief Mcc;is- 
trotCj mf.y not bo altoi'ciitr useless. 
It mav awaken reflett'ons 

The obsptver cannot but see a 
strih-nc: simjl;\ritv in the negotiations. 
The 'bj'-C of both was to settle misu;;- 
derstandincjs & to remove complaints 
hv 'nte-ine into a-d cnnciudinj* ur- 
nmeemonrs which shou'd mutually 
bind b'lth p.-nies The correspon- 
dence with Ml', llan^moiid was to t^b- 
t.iv, monfr other things, hedthvtry 
to the T^rii'cd States of the Wei^'cru 
po'ts, a' d also to form a bi.sis of a 
conmerc'al treaty, to be concluded, 
when adj sted, by a communication 
from his majestv of proper powers 
f-'r that purpose. 

Mr. Ersk'ne was changed to make 
in the name of hi majesty, r^p ra ion 
for the afar k 01 the Ches p. ak( , and 
al'^o to forr=n a provisional a^' c mr nt 
with the Executive of th«> Ui ited 
Stte=, which shoidd su perd as o 
th^ I'nitcd Statps 'he r ers ''.' co-'icil 
of Janu Ty and No-, rnber, 1807, on 
the Prcs:den''s a., e 'np- f-isMie a p'o- 
clamation " for the leiiewal ol the in- 



tercourse with Great Britain." On 
ihs yrranj^ement beinj^ made, an en- 
voy extraordinary was to be sent to the 
United States by his majesty, '* in- 
vested with full powers to conclude a 
treaty on ail points ot the relations Ijc- 
f.^'een the two countries." This ex- 
tract ii from Mr. Erbkine's letter ot" 
Apiil 18th 1809. Mr. Hammond did 
not :!iew his instructions, nor did "Slv. 
I-'pakine, Both derived their powers 
lo act from their plenipotentiary com- 
missions and their priva'e instructions. 
The present administration, there- 
lore, oujjjht to be exonerated from 
censure, for pursuing tiie same course, 
wliicii f/as pursued under the adminis- 
tration of the illustrious Washint^ton. 

i will no\T prove that in the late cor- 
'c^pondence between the Secretary of 
otatc and Mr. Jackson, the same prnc- 
ticc has been adhered to. In a letter 
of October 19, 1809, page, 48, ad- 
.!;e;;sed to Mr. Jackson, the Secre- 
te, ry of State, says, " Whatever may 
have been your intention in this part 
of our conversation (affjiir of the 
Chesapeake) or whatever may be the 
imjxjrt of the passage to which I liavc 
just alluded, I have now the ho::or of 
signifying to you, that I am aolliorised 
lo reccire in a proper form, whatever 
explicit explanations you may choose 
to make with resqect to the grounds of 
this part of the disavowal ; and with- 
out enquiring whether your authority 
he derived from instructions that have 
beei) a.'.dresscd to yourself, or that have 
devolved on you as the successor of the 
minister, who had declined to exercise 
them." It is worthy of remark, thr.t 
the same practice heretofore observed, 
was continued, after the disavowol of 
]Mr. Erskine's arrangement, by the 
Executive, under circutnstances that 
would liave warranted a demand of 
!Mr. Jackson's powers. This demand, 
however, was not made until Mr. Jack- 
son had assumed so many (j\icstiona- 
ble shapes, that a departure from the 
common practice became absolutely 
neces'^ary to guard the nation from the 
impositions, sinister views and equi- 
vocations of a diplomatic Proteus. 

It is, sir, to be lamented that the 
judk^nient should be circumscribed in 
its operauons, by the Tiolencc of the 



passions, and by tlic picvulcrico ol 
prcjudicea. We are informed by 
])!iilosophers— ihnt man in contem- 
plating objects is too much inclined 
to see in tKcm, those things only that 
are fla'tering to his views. Helve ius, 
who looked into man wit!) a pene- 
trating eye. also no'iced iliis propen- 
sity, and has given an instance ot nz 
influence in veiitiralion of the asser- 
tion He represents a lady and a cle- 
rical gct't.leman, viewing the moon 
through a Telescope. 

The lady whose attention was civcn _, 
to the contemplation of the most ami- \ 
able feelings, and propensities ot the 
heart, soon espied two persons; doubt- 
less, says she, they are lovers, thay ap- 
l)roarh each other with grace and ten- 
derness ; the clerical gent.eman, ' 
whose tlioughts were also turned to 
the consideration of objects t.o less in- 
teresting than profitable, s'lon disco- 
vered that it was a deception of vision, 
for the pers ns ^»hom the lady took to 
be lovers, were in truth the steeples of 
a CTthedral. 

Til's deccptio visus is the epidemic 
of politicians. In the discussion of tiic ^ 
resolution from the Senate, its elTects 
are striking. Cienlleman aredetermin- ' 
ed to see error in all actsof tl.e I'rcsi- 
dent, and error is accordingly mani- 
fest. The i'resident cannot do right, 
becr.use he was not elected from the 
ti uc sect. 

I now proceed to prove, that his 
Britannic majesty was bound by e- 
very principle tl^at can give an i.i- 
nest impulse and direction to u • 
tions, to carry >\Ir. Erskine's arrange- 
ment into execution. Do unto o- 
tiiers as you desire they siiculd do 
unto you, is a rule of conduct that 
applies as well to a nation as to an in- 
dividual. The former is but an as- 
semblage of individuals — such a so- 
ciety has its afTairs and intercstc, it 
deliberates and takes resolutions in 
con.mon, and thus becomes a moral 
person ; and according to Vattel, haT- 
ingan understanding and a will pecu- 
liar to itself and is susceptible of ob- 
ligations and laws. Government is 
but the agent of the nation. An in- 
dividual who receives the benefit of a 
good aciion, «ven ^vithout obtaining it 



by previous stipulalion, is irresistably 
prompted to reciprocate it. A nation 
tliat reijards its honor is prompted to 
act from the influence of a like mo- 
tive. 

']"hc lawof nature, which is the basis of 
tiie law of nations, inculcates justice, 
amicable iiucrcourjc, U a mutual inter- 
change of j'ood ofhces. No nation can 
atkiin the piosperity it desires, but 
Ihrougli the observance of its maxims 
and precepts ; temporary advantages 
xnay be obtained by Iraudulent prac- 
tices — a perm inent j^ood can hsvc 
its foundation laid in principles only, 
th'it ave aoknowled;::;ed to be correct — 
principles ihat receive ll.o universal 
homaj;e of mar. — saint rr savage. 

It cannot be denied buL that Great 
Britain derived incacu!aj!e advan- 
t.ikres fiora the stipulatior.s of Mr. 
Erskiac's arranfjcnient. That public 
wants of the most urgent nature, and 
individual distresses were suppli 
ed £c relieved by the renewal of inter- 
course with the United States, is like* 
wise manifest.. The state of tiiat no- 
tion at the time the provisional aprce- 
inent wac rnadc, evidently niuiiified 
the pride of its hit^h loned rulers, and 
alarmed their fears by shexving to the 
world its absolute dependence on fo- 
reit'Ti supplies. 

A transient view of prospects, then 
exhil/slcd Ijy her Ibreii^n relations, will 
subtract r.othinp; from the solidity of 
the posilicn laid donn. The ports 
of Sweden, it is true, were open — tliat 
country however afi'orded but chilling; 
prospects to mercantile enterprise. 
Those who looked by end the passing; 
moment saw ih:t iliosc 'ports would 
not lon,^ continue open. The revolu- 
tion in Spain excited hopes that could 
be realised only, by a series of even. s, 
over which Great Britain had no con- 
trol ; instead of pouring wealth into 
her lap, it became a drdn for her men 
ajid money. 

As to the flattering anticipations of 
commercial advantages with the new 
empire of Brazil, and Spanish Ame- 
rica, they vanished like a dream — 
The price current of British manu- 
factures in those markets — the mer- 
chants barometer — was from 25 to 30 
per centam below first cost. 



At the critical period, when the 
dcm.''' d for supplies wus most urgent, 
^Ir. Eiskine .cndered his proposi'.uns 
— they were received by the P esi- 
dent, in a manner the most concilia- 
tory, and accordingly terminated in 
the arrangement of April last. The 
supplies which were sent under the 
faith and protection of that arrange- 
ment had nearly reached the dc!-iir.cd 
ports and were anxiously expected 
by the nation, when the disavow. 1 ct 
it, by the cabinet of St. James, was 
proclamed. liven in times so fruit- 
ful as these are in crimes, and in every 
species and discri|)tioii of perfidy, the 
v(ncc of mor.ilify and honor recover 
cd it*, tone atul pronounced an anathe- 
ma on the deed. Permit, me now, 
sir, to les!, that dis;ivowal whicii 
forms a new cpocha in the reiu'n ct his 
maies^V, by the rules and maxims cl 
the lawsof !• ' ure nd of rations. L;.t 
t e sages of those scieiiccs he cons-'ll- 
cd. Their writings may be resorted 
to > s impartial authorities. If those 
r.uthorilies denounce the acv of his 
majesty as imrroral and unjust, they 
do so on the sanction of rules and 
maxims which were in being be- 
fore the island of Britain emerged 
from the ocean, that are leased on prin- 
ciples coeval with that period of time, 
when the God of nature spoke Chaos 
into order. 

Burlcrnaqui sayi — " The sovereign 
may alE J be obliged to cxccu'e the 
engagements contracted by his niriis- 
tcrs without his orders, by the law of 
nature, which forbids us to inrich 
ourselves at anothers cxpcncc. Equi- 
ty requires, that in such circumstan- 
ces we should exactly observe the 
conditions of the contract, though cop- 
cludcd by ministers, who hadnotf<ilI 
powers." 

This autliority is conclu.'ive, and is 
alone sufficient to bear (iown and over- 
throw the master works of sophistry. 
If more should be wanting Vattel, 
Grotius and other writers of celebri- 
ty, can be marshalled in its defcrce. 
This authority renders any frriher 
argument useless. It establishes my 
povition^that as his Britannic majesty 
obtained a renewal o*" intcrmurse i)e» 
tweon the United iitatco and Great 



Britain untler Uie provisional arran;:(e- 
mcnt, coi'cludcd widi the Pc-idctU 
of the LJ. S. by his accredited minis- 
ter plcriipotentiaiy aclirt;^, accordinj^ to 
liis declaration, in conformity to his 
majesty's instructions, his majesty 
became Louud to execute the arrani^e 
ir.cnt on his pert— particularly au his 
inajet,ty'.s subjects hod enjoyed an hr.r 
vest of bcncHts rcsullinjj from the 
cxccuiiois of ihnt f.rra- i^ement by the 
i^ovt. of the U. vS. ; and u!.so as it was 
in.possiLtic loj- his ni (jesty from tlic 
naturcof ihir.ijs, to ph;ce the United 
S'a'.es in the same position which they 
were induced to vdintjtiibh, hy liie 
act of his ir.inister — which r.ct ^rew 
out cf ihccscrcise of powers dtiived 
from his ccirnriscicn and from his 
private ii'Struclions, 

liuhiitff nie, sir, h\ makhi.i: a few observa- 
titois on Uie in ni.cr in winch aiilliciitieJ 
Jikve been introduced and the punioscs to 

wljicii they liavc been m.-.de siibsci'vic-n; 

ily objcci' is to keej) sahj cts Leariiiic '^"> 
es.rt shnilllude to e:ic]) olbei- as distinct :is 
possible. I e::pcct to ilc-rlve no sdvnUii^e 
Ti-oij; a coi.fiislr.n of iMnii-s. 'j'he executed 
rif^ixcmeiit wi'Ii Mr. I'.r.skine li^s been cv.n 
.t,wH\t(\ with a treaty, the nwjt soleinn act 
that a n^sfuil^ r c;m perrmm. If 1 prove lliai 
he rules zn hid cow n by those jjviitlemen 
wb( l:ave preceded nie, nre ina^piic-iblc to 
♦re;;t;es hi the e^U.-iU coiileded foi-, lliey wiU 
beetjiiailysoto :i,:;Teennenfs pai-icidaily to 
th. t cl .ss Cil'.ctlo.vecnlf d Hgrecmenis — The 
tnvcrcijiTi iifiual'iy restives to him--r!f the 
;-)ov,cf ofr-f.fyin-^ trc lies — from this reser- 
vation, (.'.enllemen infer, tint under no f ir- 
cunnstaiices r;.n a tre.-ity l.e bindiner '•• illi'int 
\.fie obseiv.-.nce of tliis foi ui:dity. Tkcy take 
die rules :;3 IJd dowr., and t;ive tlieni sucli 
cor.3tii;ct.ion:; ;.s Ijest Misvvers their several 
J r)i,i',i<,n3, without d -ii-ning-to infi)rni ushoA' 
lb. authors have applied tiiem. I will, sir, 
wiiiiyoiir perjiiission, m ke twoofllie a-.i- 
liiors, Vatu-I uiiil l?urleni!,qui ansv.er for 
•.ii<n.selves-lt will ije loo le-housto iiCHraW. 
T!ioy<- aiuhorr do ce.-t inlyl iini:.-.h llicrulci; 
asfju'jtcd in reh.tion to treaties; but titev 
do not say, th -la treaty concluded bv anii- 
niulcr whli full poweru, is rasldy and capri- 
ciously U) ber.jc-'-teil. lie says,' " To refuse 
wit!) honor to i;.t.*V wliM has been ronclud- 
e<l on by virtue of a full power, it is neces 
: ary thtl the soveiviirn shrul 1 hsve stronjj 
and solitl reasons, and tin.t he should shew 
III p >rticid r that his minister has deviated 
from bis iiistruciions." 

IJurleinaiiuioii the same point, says, " In 
j^fnerai it vs n rtain, tliat when ministers 
\v iliout tl.e Older of (beir sovereiRfn, con- 
clude A tV'.-;;ty concerning- public ilhiirs, the 
htler is not o'li^^rcd lo stind «o it ; hnd the 
auTiiitcr whs) Las entered into tU^ r? gogl^- 



lion v,;"jo'ir iiib'.'.'uci. .-:-.-•, niP.) ijc pu!^:.--hed 
accor.lin.2f to the exi.:^ency of the case. Ilow- 
f.. r 'dic;v Ui .y Ijo circumstances ^n whicli a 
p.iiice is «tblig-ed either by the rules (;f pru- 
dmcc or even tiiose of justice and e(juity lo 
raliiy a treaty, ihoug'h concluded without 
his orders." 

In these passages, the authors i^i ve pre- 
cision i^nJ exactness lo their rules If trie 
mir.ijler v.ilii full pov.'ers undertake lo con- 
clude a Ire Uy, tiie soverei.::^! cannot render 
il void." wiiliout slron;.^ and solid reasons ;" 
in some instances, " a prince is obiiged ci- 
ther bv the rules of priuleacc or even tlio.se 
of justice & '^f;'iy to r..tify a treaty, tlioiig'i 
coMcl'.ided widtoiit orilc-^s " 

Tiicse auiiiorities nr>kc it no ways neces- 
s'vyfo me t'l g-oi'iiriher into liiis point. It 
is immaterial to me wlictiier t^jenih-men ap- 
ply the rules lo tr'.nties, or ajvi-eemettt', or 
c-nvcntionS"; th " can hy no act <!< siroy the 
ciY'-cl wWizh ihorc citations produce. My 
oljert v.:s, sir, lo t^-ive to li:c authors, ihe 
:I.:;l!l of 'heir own expr.si ions— Ihcy iuive 
f xercisrd ill .t prerog-ative. I sl.u'.l be g..Us- 
licd v.'ith i!i2 result, whatever it may Lie — 
OH U.eir Miulioiily I rest — I feel confident I 
cannot err when I iollow them. 

Let us now reverse the order of lliin.t,'-s — 
let us snppo.^e tii a ihe Secret.. ry of Si.-vle iiad 
densandcd a s'l^ht of Mr. Ersknie's instruc- 
tions ;utlior:s:n;:jhim to submit certain pro- 
positions lo tlie con.ideratiou of ll:e Execu- 
tive of the U. S. alter his solem.n declaration 
tint lie had his injje.Uy's coinni;.ndsolo act. 
l,ei us su!)])ose that Mr. Erskino had con- 
strued the demand into a distrust of llic 
Irulliof his declvaiiiMi ofhcially matie, and 
as nil iiidiijnlly oilered lo Liisvn'jesly'ss^'ood 
faidi, and under such an impression had 
closed ihe door of nepfocialion. What 
would have been the lan^uatje of pfcr.tlemen 
on the mcetln:,'^ of Con.^ress in May last .' 
Ho.-> iily to (J- r.iitam an 1 partiality lo 
Fr-.;;ce'yould h .ve been .set ' j a nev/ note. 
We b':K:'iid have itad a concevLof base, tre- 
ble, te:.or, slitrjis and flats. Instead of 
:;miie3, the I'resident would hiVe rocciveil 
frowns, instead of praises and euloj^ies on his 
g-ood sense, p: uilence. and prompt. lude in 
;»cocptini»' llie lerins oilered ; expressions i.t 
dl.icontcnl WvMild h.ne been loud u'.d im- 
pres.sive ; tliey would have been made here 
anil re echoed from llie shores of the Allan- 
lie, even to liie sources of the -Uissouri. 

P si trans ctioHs are wor liy of rcniem- 
br mce, and sometimes of repelidon. The 
C 'meleon m.iy take ilie hue of sun-oandin.q; 
ohicc's, but his rh n^je of color does not 
nev.- model his h:;ure, form or ch racer. 

Ix-l us for a monii nt bnn,!;: to our recol- 
lection the occurrences which look pl-ice 
and the orthodox opinions which were held, 
at the time when the honor and dig-ni y of 
this nation were deeply wounded, (a wound 
not yet healed) in the attack of the Chcsa- 
pe ke ; when the blood of \mcric ui citizens 
was w ntonly shed, and when the British 
pquad:'?r, r.ft.cr ihs commission '^t anactsn 



a',;""".-';:', ;ii vir'a'irii-; ol'ilie jwi isrriioii o<" 
liip U S. anclim-cM ".n Mj)in|>(<'n Unu.l'! nnd 
)ni( rmi")!*-!] tli' r< ^-^fMliir coini'iiniciuion he 
Mv.t-ii NDifoik }'ii(l(>(lier plarrs. After liav- 
iDj; token a revit w ot' f cts, lei us c()r!i|):»!-e 
tlH- ojjinions of tliat day, wil.S tliose siilise- 
(;;!tnl!y (Itlivc'ivil ; and by the s'aiulard of 
ccnsisienc)' test llieni. 

Tlie rresiili-nt sooiiAftev tin- cornmiFsifn 
of iliMse o'lSi-Mfi^cs, issued liis jiroclaiiu-lion 
interdictm.^ the entrance cf llio WHicrs of 
the V S. u> the- piihUc arn.c'iurnicd v-sseld 
ef'G. fi-.it.'iin. That actoi the rrcsidiMit \v:<s 
eonsidcred as pist &. proper, jis Ho'vinpf iVom 
iiioderH(itii) !uul wisdom. The pr(>;;rioty of 
it \v«s (leicnded on l!ic decl-ira'ioi) to the 
Kxer.ntive by Air. T-r-kine, l!i:it it v.-isi liis 
iirrn l;vlief that ;idmii'al Ut-rkcicy h-J acted 
wi'Iioiit orders. Keep iii foi ce l!'0 mfrda- 
iiifilioii, was the laiigiiat^c of tli.it meiTiora- 
blf (l;iy, until re pn.i-..tioii :iini)le mu! satisf-c- 
t«M-y sinll be inodi:. .'^:f;r.;i was tlie stale 
of the public m'.ud. Mr. Itose arrived — his 
mission inntead tif haviiij;' the saliittiry tci- 
• icncy of removing liie irritations excit- 
ed, was eminently calculated to nurture and 
inc-case them. Insults were added to inju 
riesv 15cf )re he woukl deig-n to rpjike known 
to tlie I'resideni, tiie n.itin-e .ind extent of 
the reparation he was autiion;;ed to oII'lt, he 
demanded the revocation of tl\e T'.-esident's 
procl-mKtion — in plain lerni.s' iiirornilnjT-tiii.-j 
nation, tiiat its government should nr^ke con- 
cessions to his m--jes1y, for nsinj^' prec uitio. 
nary measures ag'aini-t the lawless ictsof iiis 
ofHcers as a prerequisite to a tiMukr of the 
reparation Ids m-^jesty had condescended 
tliroug^h him to otier This new mode of 
redress province no ways satisf ictopy — Mr. 
loose's mission terminited. No rooner vras 
it known thnt the negociation with Mr. Rosa 
proved abortive, in consequenre of the ui- 
admissible demands m ide by him, as alrea- 
dy stated by me, tli.m the President M'as 
openly accused as being- the c iiise of it, by 
adhering' to a '' merepunciili'; " 

Thus, sir, we see, that no republican 
President can do rig'ht, w'.icn liis actions are 
viewed through the mediinn of parly spirit. 

The people must .judt^e for tli.Mnselvc^. 
Their i-oad sense is the standard by whicii 
public meastires are to be tried To tlr^t 
standard is the last appeal to be made. 

I conceive it'o be '.r.y du'.y, before f dotje 
this branch of ir.y argument, roixusely to 
state, what in iTV opinion are the r- al causes 
of the disavow d of Mr. Kr kine's pvovisi- 
onal at^reement The recommencement of 
hostilities between Trance and Austria, 
Qombined with other incidents, i.-iised ^n 
expectation, that anew and favorable order 
of thing^s was to take pl.ice. This hope ne- 
ver rose in the mind of his Hritannic m jes- 
ty, without a consequent pressure upon the 
neutral rights of the U S. 

The unprincipled vlol-.tions of the em- 
burgo operated to favor tin- views of Great 
Britiin, by lesseninsf the efficacy of that sa- 
lutary meKSurc A c .bm. t whose polif.y of 
Utc is to pursue tUs expedient, how despe- 



9 

rate soever it miy be, to accompli'^h ifseiiu, 
r'SolNe<l to wuit 'he issue ot evci-' and M-y 
tiie wonder-working' powers ol its machii.a- 
tions 

This disposition lias been nurtured by In- 
(1 minatory pr.biicatioDs flg'ainst the j,'''>vein- 
mf'iit of tirs n-ilioii, by opposition to la-.vs 
consli'utionMlly made, and by crude ;nd 
wicked p'djccts, the object of wiilcb Wfre 
to sever the union Sucli .t state of things 
woidd n (turally f-xcile, in powers no w^ys 
friendly to our prosperity, a disposition to 
encre-ise, throiifcii inirlgu? and artifice, tlie 
difficulties the nitiun liad to encounter III 
times such as the world ncvcf before wit 
i.esscd, d'lnifers of every dep;'ree [itrl des- 
ci-iplion beso; the hi!;-iuv y, to void which, 
the prudent politician saw no inemslelr but 
to make a tempor.<ry stop— to pause This 
p -use produced by imperious necessity, the 
consequence of foreign outrapos, would 
necessM-ily subjecttiie citizen to inconveni- 
ences -nd p'-ivitions. As it is too common 
to impu'.e to the fault of the g'ove: nmei t <iU 
the er.ib. rrassments that are felt and • xpe- 
rienced ; a.nbition and fir.csse, artifice ar.d 
intrig'ue ever on tlie w.atcii, are prompt to 
seize tlt-^ opportune moment, for ext ndinp; 
tbe empire of confusion and distru>', and 
on the ruins of social order to lay the foun- 
dation of a power, malignant to the happi- 
ness of man. 

Tlie Lynx eye 'yrants of the world, see, 
he T, act. The want of union among our- 
selves in'spires them wi h confid-jnce to 
coiTiinence the works of iniquity, '.nd 
tlifir machinery is making- progress, to dc- 
moli<^h the I '.st asylum, which beiiign.ant 
heaven h'.'s given to pe-secuted man. The 
IJritish government would no' dare to tram- 
ple on the rights of the n .tioii, if union 
were to diet le the measures thai; should 
jjovern our condiiC in all our f neign rela- 
tions. Will the orders of conned be revok- 
ed > Will lumorable rep -ration for the it- 
tack on the Chesapc ;ke be madf ? Will ihe 
almost endless catalogue of our wrongs be 
redressed, when the energy of union is 
wanting— when in the estimation of ourowi^ 
tights intellect is s ) leficient, as to .liscem 
in the >,cts of the Hriish governniiiit nei- 
ther insults nor injuries ? When at the 
close of Mr. Hose's t.^mporisiig mission a 
time serving publication was industriously 
circiil'ited. maint ining this i'0->iuoii— "t/mr 
Grent- IMtain had done the U- SOUes no es- 
seittic! hijiiri/V , 

Wli t, sir, will be the opinion enter'ained 
of the American pe .pie a ki govermntnt 
by the h..ii.;hly luid hightOMed lul > >. of 
r.urope ? Wlien the vorks of Fi i.<:r Ames, 
once the hiirh prie>t of a. p<jliti al sect iu 
Mass:.chu>-eUs, are re d» Sentminis (M in- 
elfahle conirmpt will be felt for a p'coplc, 
rei. resented TO be so b .se -md d-pra<ied. 
Let Mr. Am.-s's works proclaim 'heir i.w:. 
merits. The foil uvin.'j passages ^re »-x- 
tricted. I trust in tiod, ■dic> viil run-.- 
the meric.) genius from his slem!<«»''3 : 

•'Oui- coiiuiry is t-jo l<^ f)r un.jn; w 



10 

tcnUil for fuit' i'jiiKin ; too ik'nioc^atic f't~ 
liberty." 

" \ am h»lf of T lUeyrand's opinion, when 
he says, vc art phlep;TiiaUc, anil -wiiliont any 
prt^Mion except fur mQiicv-^cttin^. 

" It is one of llie most consumiripj^ curses 
of Heaven, ji»kI wc deserve i^, to commit 
tl<e kfJoirs of * nation to rii1er«, who fiiid in 
tlteir populsri'y, tlieir rupariiy, or th' ir 
ambition, an interest sei)arate from tiie in- 
terest of the people." 

'* I have hoped ihitl t'lc Fucrcd shleM of 
cowardice, as Junitis rails iL, uould 
protect our peace. I still iiopc.'' 

"After her fall, (Britain) o'irs would rot 
cost Bonapavie a blow. IVc ere proslrrte 
fflrea,!u, ui>ii uf a'i u:c:! on earth t.'ie tlttcc'. f'-r 
I'fives. Even <ii,r ilavlinj tivm-ice wotild not 
n<aicc a week's resistance to tri!>nte, if the 
nainc were only dis>::niised; nnd I much 
douht whether if Trance were Lord of the 
n:;viesof Europe, Me should reluct a( that, 
or even at the appcUalion and condiuon of 

" They [the administrr.tion,! need not 
fear the moral sense, or sersc of hor.or, or 
an> other sense of our pcr.pJe, e::ccpt their 
nonsense, wliich they will tuke special good 
care to keep on their side." 

" It 18 the nature of these ('Jrhi'e b-rch 
stskes) tofsil in two 3-csrs ; and a republic 
wears out its morals almost as soon as the 
sap of a while hirrh rots the wood." 

" Of our six millions of people, (here are 
tra-cdy r.i.r kimdrcd, who yet look for liber- 
ty any where except on p.iper." 
. " Tlie immortal spirit of the wood nymph 
fiberty, (l-wel/n oti/i/'m tlie Ui llish MjJt." 

" It is pretty enouj^h to s:.y, the republic 
comminds, and the love of the republic 
dictates obedience to the heart of cvcrv ci- 
tizen Tins IS system — but :s it nature !" 

" The licjiybtic is a creViure of iiction ; it 
is every body in tlie f^ncy, but noliodv in 
the heart. Love, to bo any thini;', inns', be 
iclcct and exclusive. We m.hv as well talk 
of loving' geometry as of the comn.on- 
we. lt!i " 

"Is there in human ufF.irs an occasion of 
profligary more shameless or contngions 
tji in a general election ? Evrr;i fipi-iv^ 
gives hinh und gives wings to thiscpiilcmic 
inisrhicf Then begins a sort of tillage that 
turns up to the sun and air the most noxious 
veeds in tiie kindliest soli ; to speak more 
8eriou.s!y, it is a mortal pesli'iencc, that be- 
gins with rottenness m the marrow." 

" Federalism was, therefore, vuuiiftntfij 
founded on o misliike, on the supposed exis- 
tenc- of [.ufhcient political virtue, and on 
the pcrmaiiency and authority of Uie public 
morals." 

" The great state of Virginia has foment- 
ed a licentious spirit among her neigldx^rs " 
To tlie following pass.'»ges I invite 'he se- 
riou.s attention of our sent hem and western 
bretlirfp, whethfT republicans or federal- 
ists. The sUndf r '<<i ger.era' *n(l iHiberai. 
f'lch STR the .-iriifire!* fo support fcdfr.d 
|Jlitlciple^ in Massacnusetls. A puwer lb:il 



or:ginaM-> in, anii iLai. is pi'Csorwd '^y re- 
ceptio- must expire in a ronvuision. Mr. 
Ames says, " the str.igglinic settlements nt 
the smthern part of the union, which now is 
the trovernin? pirt, have been formed by 
emigrants from almost every nation of Eu- 
rope. 

" S.'fe in their soiiliides, alike from the 
tinnoiiiince ofeiiemie.': (ri/l •/ ^'ivernment, it '.s 
infinitely m-!re probable tliat they will amk 
into O'lr/iiirititi th n rise to the dignity of na- 
lion-'l sep'iments f-sd ch r..cler " 

" \re iiot the wHiderlng Ta'-ars, or Indi- 
an hunters, at leiist as susc ptible of p^-tri- 
otlsm as tlK»se stragglers in our western f.)- 
rests, and infinitely fonder of glory ? It is 
difiicttlt lo conceive of a countrj', which, 
from t!.c ir-nncr of its settlements, cr tiiC 
r.ianiiest tcuilencies of its politics. Is more 
(U scilute f>v more incapable of being inspir- 
ed with polit c 1 virtue." 

On these extracts I shall say nothing— 
thcv begg.ir all comments. 

T-on tliis libel on the people and govern, 
rr.cntsof this nation, I 'urn with pleasure to 
a source from which issues the American 
spirit. 

Let tite information which flows from it, 
f'irrish r.s with a deep conviction, tlut it is 
in vain to look for justice from foreign pow- 
ers, will); tit unicn. 

Mr. ^lonroc. whose situation aflTordetl 
him the best mesmsof ascertaining the poh- 
cy of tlie 15ritisli government, and whoso 
indgiutnt is 'on enlightened to be deceived, 
says in a letter, 4th of Angus*, 1807, ad- 
dressed to Mr. M.idison, then Secretaty of 
St te — " Such is the state of this country at 
the present crisis that it is impossible to 
foresee what will he its course of conduct 
towards tiie U States. There h iS been at 
all limes since the commencement of tbr; 
present war, a strong parly here for extend- 
ing its r ivages to them- Tliis p'rty is com- 
bined of the ship-owners, the navy, tlip 
E St and West India merchants, and certain 
political characters of gi-eat consideration 
in the state. 

" .So powerful is this combination that no- 
thing CHU be obtained of tlie crovfrnment or 
tiw) /"lint, but \i.'it<it luay be extorted by iiecec- 
sily " 

If facts do nt^t open our eyes — if informa- 
tion chaste and convincing, cnnnot impress- 
VIS with the necessity of concert, our fatv 
will resemi'le thiit of I'romelhens— on oit.- 
vilalsthe vultiire will continue to prey. 

II i\i''C proved, I hope to your 
snti 'ficlioii, that the government of 
Grea; Kiitain was under an obli^alior* 
to carry the agreement made witli 
Mr. Krskine into execution, I turn 
to the lute correspondence belweeii 
the Scrretarv of Sta'e and Mr. Jack- 
son, the Bitish miiiisler, under the 
influence of feelings that convince me 
I Inive yet nn important duty lo ren- 
der to tny injured country. I lament* 



11 



sir, that my abiHiies are vnaocquale 
to the reroimai ct of It, but, they 
shall, such a-> ihcv arc. b^ dirt c'cd 
toils discharj^e. I am conscientious 
ly perbU.Hl':;ci, i'l wnai lie:!!' snever I 
view this su'-fect, that Mr Jackson 
ir.tencled to insiik and that he has in- 
sultcJ this gDverni'-e-'t — I say tiiis 
govcrnmeiv., bectuise if one branch 
oi it be outraged with rudcnc5.s and in- 
solence of coiduct, the o herI)raMch'-'S 
mi)st fee! the ^hock, as tht three bvan- 
chcs compose bat o e ijovcriiment. 
No sophistry can destroy this posi- 
tio . Supp-.se, sir, the gentleman 
jVcm Nev,--York, (M' G'»ld> who 
seems to posses the power of iortiirir^g 
-words, to bciir any meanin;^, were 
prravely tolell vou, that the collf.are of 
illuminati had estiblishcd this doc- 
trine, to wit, that if the arm of a 
man be br'ken, the bodry of which it is 
a member can sust,»»n no irjiuy, nor 
feel pai:, because it is a port oilv that 
isinji'.icd, would you, sir, eive your 
assent to the ccrrec ness nf the theo- 



ry 



? The (^entlenian rit«d \' atel, 



but he fvjrpjot to read and comment on 
those parts whicii assijrn to the Exe- 
cutive branch of government a d!C!;ni- 
fif d rar.k, or to advert to the constitu- 
tion ot the United States, which is 
exijlicil as to the gi-?.de it holds in (he 
Tnanneement of public aff^tirs. For 
a moment, permit mc, to direct my 
attention to -.on.e f.bservations> made 
by the };cr.tleman from Massachusrt'.s, 
(Mr. Quincy) lliat p;eniieman has ^i- 
ven us a philolou;ical dis(>uisiiion, 
n labored criticism on the verbaf^e of 
Mr. Jackson's letters. The result of his 
efTor's waS, that the words, after weip;h- 
in;^ them with niceity and exactness, 
did not warrant the mference, that 
Mr. Jackson had insulted the irovern- 
me;u of the United States. This cri- 
ticism is too finely spun, it has a con- 
stitution too de icatc and frairile, for 
so dense an atmospiiere as ours, the 
hu '.'hie repfion of comm.on sense. 
Whi e we, sir, arc slowly and rielibe- 
rat !y pursuint^ the order and cour-.c 
of ihinps ; while wc arc endeavorinp^ to 

j'epres;ent objects r»s they are, the hon. 

Tcntieman disdaininf;^ such druda;ery 
...s unworthy his attci^tion, skips over 

lUc sunevficies oi h'.!m?.r» oft>«i'::«— 



like Srtif.'s sprculaiwe mrtlpTr.aii- 
cians, ht leaves the dull pursuits of ci- 
vil life, to plodders. I ha\'e to rej^rel; 
sir, tlia' I a-n not so philosophically 
constituted — unfortunately for mc, 
from my school d.-.ys to the present 
time, my sense of injury has always 
been the same, it is quick, it ii in- 
st i.ly allvt— I did no*, then, nor can 1 
now, kis" the rod that strikes me. 

Hiivin!!: prepared the way for the dis- 
cussion of this inleref.ling and impor- 
tant subject. I now take it up,insuiat'' 
ed, as ii ou-cht to be, from other topics. 
} is in itself abundunlly ftuitful The 
m inner in which Ifiis coiiespondence 
wasoper.ed i;nd conducted is worthy ot 
consideration — it isi.oveland without a 
precedent. It will be admitted, by all 
reilectin,^ men, that the intercourse and 
communic-iticns between governm.enis 
shoMid be repulated in a style that 
forbids the practice of indecorum, 
levity, or insolence, as <l.e peace and 
happi:.ess of society are objects of the 
first moment. Misunderstandings bc- 
tw en men in private staticns,<^enerany 
speakin;^, confine their ill-fated con- 
sequences to anarow sphere, the 
judicial authority bein^ competent, 
if exercised by able and virtuous 
judi^es, to assign* limits to the mis- 
chief and redress to the injured ; but 
when th- affairs of nations are intrust- 
ed to the managemenf of minsters 
too much caution, prudence, forbear- 
ance and circun-spection cannot be 
observed, as the misund-jrsta: dings, 
between napons, from numerous cau- 
ses, can seldom be adjusted without an 
nnpeal to the sword; an appeal 
which r.cver fails to involve the in- 
nocent wi;li the guilty in its merci- 
less ravages. The United Slates have, 
during the wars of Europe, participat- 
ed largely in their calamities, without 
being a p;»rty. The government ot 
Great Britain has in no instance beer, 
sparmg of its contempt for the rights ol 
neutrality, when it possessed the power 
to annov or destroy them. The disa- 
vowal of Mr. Erskine's arrangement 
was an '.nauspicious omen of its d:spo- 
si'ion towards this country, and in th,. 
appointment of Mr. Jackson as ihg 
mini'Jier of peace and harmony, ".h^ 
rcfleciirj part of the ccmm.: i ^ . 



S3W an uUer dlsrec^ard lo the sen-ti'uili- 
ty 'fa neuti'al njliun. 

T^ie iiiurifes: p-sicy of thi" iravcrn- 
nic.'i" beins* to :;void a coilisirm wi h 
eit'iet ')cilisjt^rt;iit, detenni icd llie Kx 
e/U'lvo it i*ivu V.te i.cw mi'.iislcr, a ve 
c p'ion, evi ioJve --f ;i ditpo-iiion *.o ad 
jus' al! exisir^' dlff'-rcMces in an ariica- 
b!e way The re.:epii)n of Mr. J as 
tl»e accredi'ed minister of lii» licii.iiiriic 
ir.'ijesty cxcr.ed a {^ctura! expect '- 
^ln•^ tiiat expla-ia.ions would be m-'.de 
fi>p tnenon execivion of Mr. Eiskir.e'i 
ananfc-e.nent, and a'lo thrit a tender 
of red less for past inj-jries \YOu!d Vi". 
oflTsred. E>:pect.iiion v/as however to 
b'. (lib ppointed — Mr. Jjckson's inte;- 
views with the Sec^e^lrv of StUc 
issued in r.o'hi::^^ tUi-t could afford the 
le ; : sat f;>ctio'-.. It b' came hliMily 
iinp'jitant in the state of our pf>!i:i".al 
rela ions clearly to as.;!:ria!n tlie in- 
tentions of the B'-itish cibi:;ct. As 
Mr. Jackson had displayed no incli- 
nation to act, iil'h'Mjt^lj his ffovt. 
waslhe ii)ju<ii)c: pnrtv, the President 
on delib.;r;;Uon felt it a;; a du:v i.'jcu-n- 
bc'it on him to ^ive solemiitv to his 
cornnnunicaiions wi*h Mr. J.'cks'>n. 
in c 'iseque' ce of this deicrnunalion, 
the following letter is sunposed to 
have been writ'en cxpresjivc of tl'.c 
.seniimciits of the P"'.:sic!er.t. T!'.e 
Secretary of Slate says to Mr Jack 
SOT)—" In such a stute oflhii>i!^«, no 
expectuiion could be more rcy<onabIe, 
n^' course of praceediri^s more obvi- 
ously prcsc;ibv.d by the o;dinary ve- 
hpeci due to the iJitappoin cd pariy, 
than a prompt and cMpllcit explana- 
tion by ilie new functioiury of tlie 
^■;n»ui>ds of the refusal on the !)trt of 
his '.tovcriinicril to abide by an arrrmijo- 
nje;it so solemnly nude, accompanisd 
by a substitu.ion of other proposi- 
tions." 

To prevent nr'sunders;:in(liii!i!:s on all 
not 's tnc Secretary of Slate con- 
cludes his I'jier thu^ — " I'd avoid 
mi-scoucepiions incident to oral pro- 
coeuinjcs, I liavc a\^tj the honor lo i ti 
niA >•. U.ai it is ihouRt.t cxpcc^^ant, that 
our l'.;rihfcr discuisions, on the pre 
S' Ml ccia.'oji be in the wti'teii '"onn" 
•vli. J .ck!>o.? «i t.er rorjf<-irul or ifTjno- 
r. .1 of lufc ri.^lit -.tpperiHinir.cj to eve 

V ijcvtri.uic.i o. csubi:2i::nv; the 



form ol communication, between its 
proper functionaries and foreii^n mJMi- 
ter?, ev rj of the pract.ce ..fti»e liri- 
tish i^overninrnt towards ih'^ miniiici- 
of the Cditt'd States, Mr, Finkncy, 
MfhowHs rcq'iircd to make his com- 
r.unii.-aiiar.s in tlie written lorm, 
flow into a violent ray:e ;n:d protested 
ai^iunsi the •.'►riuisi ion of the Secreta 
ry uf S'ate, as one not havini^ a pre- 
cedent in the uiin.'.Is of di; loTiacy to 
support i'. 1 roni reproh •.•i::;^; ti'ii 
mode of procedure because it ue- 
p'ived him of all chance of cquivocd- 
tion and evauion, be stales without 
ii.'in'.-.inij the maUer, that !ie inter- 
tained no hope of the rcstoratio.-. nf a 
thorou^Iut^ond lindersta! dinpj ocf.vcen 
the rc-p"C'ive countries, bcci'.iise he 
was saiisfr-d that no dispo'jiiion on the 
iMit of the American f'ovc.nmer.t 
existed lo rirornote it. I will t^ivc you 
Mr. J 'ckson's own word*-, in his letter 
of the 1 1th of Oct. 1809, to the Secre- 
tary of State, he says — 

'* I shall now proceed to the olhct 
])arts of your letter, and apply to then*, 
the best consideration that can arise 
from a zeal propoi'tioned lo the en- 
crease of diiTiruIty thusthrowTi in the 
w'^y of the restviralion of a thorough 
4:ood nndctstardin^; between our re- 
spfdivr countries." 

To understand the state of ?.Ir. 
Jackson's mind end to comprehend 
his meanintr, it is ncccsiary to refer 
to IJilters sub?equentiy written to the 
Secretary of State. In one of thc4lh 
of Nov. 1809, after compKii;:ini^ of 
his bci ipr resfric'ed to tlie honest 
m(j'Jc of comir.i;n:ct5tion, the written 
form, Mr. Jarhion cxpres:;c3 himself 
thus : '• As ho-.vcver, I had t>o choice, 
but to ren')unce for the present, ihs 
li'ipc of cli'ictualitij:: this desirable ob- 
jcci, or to pursue it in the nianv.er 
prcsci-i!)ed in your letter of the Stii 
uil. so I am now unwiilin^rly compel- 
led to enter upon the consideration of 
anoilier letter from you under daic of 
the 1st inst. whiclj but too siront^Iy 
ccnHrms the opi^jon I before enter- 
tained." Mr. Jackson in his letter of 
Oct. '23, speakinK of Augereau's pro- 
clamution to the Cilaloiiiatis, wiiich 
hari r:o connr-cion witii the s lOjects to 
b-i diocusaeU bctwsen llic Sscrctary oi 



13 



State and Llmstii", tvavels out of the 
v.'uy for the express purpose of rcviv- 
inp^ a calumny ajxaiust the i^overnment 
r,r llie U. S. o[ beint; uiulcr Ficnch 
i; :lucnce. The tollovvinoj arc his 
words — " Is it not important at such a 
momenl, that Europe and America 
should 1)3 convinced, f>'iac from tv.'iat' 
cvcy countries honorable and manly re- 
sinUince to such a ft/iirit may have been 
/:.~r.r.i/irfty it will stili he foipi-l in the 
yjv:;eign of the iJriU'ili :ia".:'^:i, and 
in the hearts olhis subjects." 

When all these extracts are Lroucjht 
ir.to one piint of view, the meaninij 
is ■zl-i-.'.v. tie knc'.v thut his letters 
wouid be puoiished ; a-id he Wc«s de- 
termined to impeach the administra- 
tors of t!;e t;ovcrnmcnt hf.fore the tri- 
hunil of the people, of Trench influ- 
ence. Those very persons on whom, 
a fcv/ months before his arrival into 
this CMuntry, the ci izensof the United 
Stales had passed tlieir judc^ment, by 
eleclinj!^ them as their representatives. 

!Mr J.xk>.onsIievvs himself well qua 
lined impudeiitly to keep ;iiive a 
chur;^e wtiich orip;inatcd w'nh the Dri- 
tish i^overnment to delude and dis- 
tract the t^ood people of this country ; 
and I have no doubt but that he will 
find some of the newspaper editors 
and dull compilers of pamphlets, 
prompt in lending their aid to propa- 
t^atc any calumny, no mat'.er what, 
ai^jainst the government of the United 
S'aies. Mr. Jackson's object in com- 
ing to this country was to do nothing 
with the government, but to find out 
and to tamper with instruments of cor- 
I'uiJtion. 

His policy was to avoid all opportu- 
nities of honoral)le explanation ; not 
to tender just reparation for injuries 
received, but to sciz^ every occasion 
of insidiously charging the Piesident 
of the U..ited Sta'es with insinceri y 
towards the British government. To 
foment divisions among this people 
^vas liis great object. I trust in God 
he has been egrt-jriously mistaken. 
'I'he American people are too sensible 
of their own dignity and riglus, and 
too m;, fully disposed ever to sur- 
rc'idcr tliem to Trance, and too intel 
ligent froiii dear i5 ;i;ht e\'periencc of 
British nicrnJity and juii'.icc, tclcal; 



for a sar.cluary of safety, in an aUiance 
offenr,ivc a!;d defensive with Great 
Britain. 

The tribunals of justice, however 
limited they may be in their jurisdic- 
tion, have the power of punisliing for 
contempts ; and it is to be larncntcd, 
that the chiefmagistratc of the United 
States, for as gross indecorum and in- 
solci'ce in the Britls'n minister, as 
conid he well practised or devised, 
should he censured for miintaining 
v/ith a proper sp'rit the dignity of his 
station. I have said enough on this 
point to prove, that Mr. Jackson in- 
tao'ied, by his« manner of conducting 
ii)c correspondence with the Secretary 
(.f State, to treat v/itli iadignity and 
insolence the government of the U. 
States ; and that his style, in Opening 
and continuing the correspondence, 
was i.i conformity neither to the rules 
wiiiuh preserve decorum and respect 
in private life, nor any ways adjptcd 
to inspire confidence or promote a 
good understanding between the two 
coui'tiies. 

I shall now, sir, undertake to prove 
that the President of the United States, 
however well disposed he might be, 
to meet any fair proposition on the part 
of the British government, was pre- 
vented from indulging his wishes on 
the ground on which he was placed by 
the conduct of Mr. Jackson, and from 
serious and well founded objections to 
his powers actd instructions. 

As the United States had received 
and v/ere receiving great injuries and 
injustice from the acts of the British 
{government, in impressments of their 
seamen, in the attack on the C^.e^ia- 
peaiie, a national ship ; in illegal cap- 
tures and condemnations of vessei'j 
and cargoes, and in the disavowrti of a 
S'jlemn arrangement, it was natural to 
look to the new mis-io i f'^.r e::pLna- 
tions of past conduct and for redress 
of wrongs. .A.11 expectations on these 
heads for redress, how reasona J/ 
soever they were cherished, v.cv.: not 
to be gratiiiid. .\s to explanations for 
tho nnn-cxacution of Mr. Erskine's 
nnvisional agreement, the delay 
which had taken place, and the moue 
of 1'oin.^it evinced a dispositio-i in tne 
BrKish ministry, utterly regaidless of 



tie sensililiUy of this nalion, and of 
respect for this fjovernnicnt. It the 
nfTair of the Chcsapcak.-:-, reparation 
va5 oHcrcd, but cloi^pjed with such 
rnmrrions, that the j»'>vcrnmcnt would 
Ikiv.t (!ishn''.rircd itself' bv acccdi'i;* to 
t!<eni. Th«-v ^^ould n^t be accepted 
without a wi'ful and paloabie violation 
titul abandonnnent of ri^^hts, derived 
from the constitution and the laws of 
lie land. 

With respect to the o'.herc'.ass: s of 
nntrai^es und injiries, Mr J rks )n r!e- 
I !ared, that he liad no powers which 
;.i:tho'.ised him to bring them even 
into discussion. That his powers and 
-iiblruciiona had a prospective >';t no 
1 cfro.\pective relation ; that he liad no 
prop jiitions to make, but was ready to 
rercive such as the President should 
!l-.ink proper to communicate throueh 
ihe Secretary of State, and eventually 
to decide on them accordinc^ to the tc- 
j.or o'' his instructions. Could, sir, 
i:"src.;jicct assume an aspect more for- 
liicidini^ ? Could a more pointed dis- 
tiraid to and contempt for the rights 
1 this nation be offered, than for ilie 
fictiding power to preserve silence on 
■'ubjccts of such importance zr>:\ in- 
'.cre>t, and yet propose to open a ne- 
vociation which siiould relate to the 
future concerns of the two countries ? 

Such propositions could have had 

ID weight with the President, as a da- 

: ia! of justice for past wrongs could 

r>l certainly inspire the injured party 

itli a confidence, th.it such proposi- 

iohs originated either in magnarjimily, 

r in iirinciples of fair and l-.onest ne- 

gociu'ion. They arc invariably the 

precursors of a temporising policy and 

of finisljcd du|)licity. 

'l"o entice tl.c I'^xecutive of the U. 
States into such a negociation and ar- 
rangement, was a mas'er piece of 
cunning. Its ostensible object was to 
adjust the future relations between tiie 
two countries, its real to destroy the 
claims of the United States on the Bri- 
tish government to reparation for past 
\iolation3 of neutral rights. I shall 
attempt to shew how this was to be 
accomplished. 

V«o considerations, no doub% liad 
their inHuencc with the Riitiuii n»inis- 
try, the first v.'.-\s to cb'.ain throng!; 



11 

the artifice of negociation aa acknow- 
ledgment of the right to issue the or- 
ders ir. council '^f January and Novem- 
ber 1807, including those also of prior 
dates; this object was to be efl'ected 
by prevailing on the President to c:ive 
the go bv, to an adjustment of injuries 
inflected under the sanction of their 
authority, and to conclude an arrange- 
ment wh.ich should relate to futtjre in- 
tercourse ; whi-h arrangement, if ac- 
ceded to, while the orders of council 
shojid bo in force, would ever after- 
wards be insisted on as an acknow- 
ledgment of 'heii Ic^^Tlity. Tlic se- 
cond w^s, that if the negociation should 
eventuite in an arrangeme;!', chica- 
nery, for European govern 'iients do 
not di-idai:i to make it an auKt'iary, 
would snnn hnd in such an arr;jnije- 
mcnt, eiib.er an implied or exp ess re- 
lease of all obligations on the ilri'ish 
government to make reparation lor any 
injury or wrong received from the 
execution of those orders. I mighl, 
sir, also add other considerations, but 
as I have already stated them in tha 
first part of my argument, I forbear to 
repeat them. The penetrating eye 
of the President saw instantly thro' 
the diploma-.ic artifice ; and the Se- 
cretary of S'.ate in a style (hat evinced 
his clearness of perception, convinced 
IMr. Jackson that the tricks of negoci- 
ation, however specious, luid lost their 
magic power. 

The tendency of his projects was 
?een and avoided. The Secrel:try oc 
Stale in the following extracts from 
his letter, of the r.Mh of October 1S0':>, 
aildressed to Mr Jackson, proves my 
assertions — he says, '' Had none of 
those obstaTles presented themselves 
to the course corresponding with the 
sentiments, and dispositions of the 
Prrsidcnt, I should have felt great 
pleasure in giving you formal assuran- 
ces of his readiness, to execute the 
conditional authority with which he is 
invested for restoring m its full extent 
as far as it may depend on the Unit- 
ed States, the commerciol intercourse 
of the two countries, and that he would 
moreover, bo disposed to extend the 
experiment of a friendly negotiatior 
to evcvy point of difl'erencc- ^nd mu't 
ai interest bcf.vccr> thc:r.< 



1 o 



•' !f indeed in the event oi' n siicccs- 
iul termination ol" what rcl.itcs to the 
case of tl^c Clicsapcakc, it be thought 
that a removal of the dlfiicuhic-; aris- 
ing: from ihe orders in council mii^ht 
be laciliictcci, by comprcl'.cr.clinc: ihcni 
in a ijencr il ncgoiiation, and the opera- 
lion oftiie orders can in the nienn 
time, be suspended, the dear misht 
be ccni^idcred as immFdicJrlij efien to 
that cour.ie of proccedinc;. To such 
a suspension no reasonable dejection 
can be rr^ade, if as you have stated, the 
erders in council as now niodiiied, 
k-Hve the trade of thp United S(ates 
nearly r.3 great, as it would be without 
the existence of such orders, so loni;; 
as France and the other powers shall 
continue their decrees, inasmuch as 
a discontinuance of their decrees by 
those powers confessedly requires an 
immediate, and entire revocation of 
the orders in council. That a sus 
pension of the orders with a view to 
their being brought into a general ne- 
gotiation, is more reasonable than a 
temporary submission to the::- author- 
ity by the United States with that 
view, is obvious from the rcP.oCtion 
that such a submission would neces- 
sarily involve a relinquishment of the 
prirciple which they have stedfaslly 
asserted ; whereas, a discontinuance 
of the orders in council in the present 
actupl s'ate of things, would not be 
incompatible wiih the principle on 
which they were originally founded." 
On this point I shall forbear to say 
any thing more, except to recall to 
notice, some facts relating to past 
transactions between the United States 
and Great Britain By the 7th arti- 
cle of the definitive treaty of peace of 
!7S3, the Bricish governn\ent stipulat- 
ed not to take away " any negroes or 
other property of the American inhab 
itanls ;" Vet we find, that, when the 
British army evacuated New York, 
and embarked for Great Britain, that 
stipulation was disregarded. The viola- 
lion of a solemn treaty gave the in- 
jured party a right to demand repara 
lion ; the demand was urged, 8c evad- 
ed. 

Since the ratification of Mr. Jay's 
treaty in 1795, though the stipulation 
in the 7th article of the treaty ot 1783, 



as above stated remained as wss su )- 
)n)scd untouclir' ; yet it has been and 
v.ill be contended whenever a fliscu?- 
flion shall take place on tiiat subject, 
that the United States have by irr.pli- 
ca'.ion lost all right to reparation. 
Let facts and experience admotii^h us. 
Ifwc do not keep closely connected 
past transactions v.ith surh as arc dal- 
ly occuring. It will not require prophe- 
tic in'^plration to inform us, thaitiie 
chicanery of the British goAcrnmc.it 
will be honored ivith another triumfih^ 
in the prostration of America'^ rights. 
Hving shewn that Mr. Jat.ksof.'s 
manr.cr of conducting the correspon- 
dence with t'ne Secretary of Sta'e was 
indecorous andinsuUine: ; havii'>i like- 
wise shewn that from his ov/n acknow- 
ledgment, he had no powers to re- 
dress past violations of rights ; end 
that his mission in whatever point of 
view it can be exhibited was insidio is, 
I will now proceed to shew that Mr. 
-Jackson irave the //r, oficn and direct, 
to the President of the U. S. and like- 
wise to the Secretary of State. I re- 
gret, sir, that I am compelled to spca': 
cf things as they are. I am not to be 
informed that some gentlemen fancy 
they see Mr. Jackson's conduct, man- 
ner and views in a different light. 
The gentleman from Connecticut ( Mr. 
Dana) saw the danger of handling this 
subject too rashly, the sharp repellent 
points of which were to him ■ 'ble — 
he touched them not. He retired 
from a contest, which promised no 
great acquisition of fame. He very 
prudently took a wider range, in the 
amplitude of space, like a good pilot, 
ho looked for least da ger. Mr. Jack- 
son in attempting to prove that the 
President was fully acquainted with 
Mr. Canning's despatch of the 23d of 
Ja.-. 1309, which formed but one part 
of the instructions to Mr. Erskine, dis- 
regarded those lorms of respect to- 
wards the chief magistrate of the U- 
S. that even rude and savage nations 
exact and cause to be observed in ho» 
nor of their chiefs. Mr Jacksoi* was 
early informed that the Pesider' had 
not seen the despatch to which he al- 
luded, nor were such instructions 
known to form a part of those which 
Mr. Erslune had received, until a co- 



16 



py of the instructions %rcre communi- 
caleJ by Mr Pirikncy, cur miiiister at 
the court of St. James' some lime af- 
ter I he disavowal had taken place. 
NolwithEtandinp; ihis information, Mr. 
Jac kson rhatijjed his f^foond and in- 
sisted tliat if the despatch a'.ltuicd to 
hart not hccn seen by the President 
the suhstaDcc of it Itad been given to 
him by ^1r. Krskine; thence conclud- 
ing; that tinder such circiimblances, 
the President could not look for the 
execution of the provisional arranj^e- 
mcnt by the British government. It 
is true that Mr. Krskine, in converra- 
tion with tiie Secretary of State, did 
stci'.e cerlain propositions vcibally, 
which :-ir.ce the disavc.ral of tlie ar- 
rai t;f mcsit arc found to be in substance 
tiie same with those contained in the 
dcs.paicl) of the 23d of Jan. hut which 
Llr. Erskine never irfoi med the Se- 
cretary of Stale were derived from his 
instruc'ions, all which will evidently 
appear in the cxtr'\ct from his letter 
of the 14'h Aui;. last, which I have 
read to the House, in artjuinsj on the 
con'petcncy of Mr. Erskinc's powers. 

The Secretary of State knew, and 
it wab no secret, that the British mi- 
nistry had lonjj endeavored to induce 
this government to surrender during 
the war the colonial trcde, a" d he con- 
sidered the renewal of Ihis proposition 
by Mr. F.rkine as a zealous effort on 
his part, to try aj^ain the disposition of 
this 1,'ovtrnnitrt on that point ; find- 
ing himself cliecked at the outset, he 
took oiher p^rnur.d, which beine more 
ciD'p lible with the views of the Pre 
Gident, served as the basis of the ar- 
rani^emeit of April last. 

This, sir, is a tru- statement of 
far «, wlich Mr. Erskine'scorrespon- 
dci'ce will prove to be just. 

Althoup;h Mr. Jackson was repeat- 
edly inlorn.ed of the facts as stated, 
he continued to ure^e the same thm{» in 
sucU a manner as to compel the Presi- 
dttit, by coi.lir.uir.j* the correspon- 
dence to acWnowl' djje the truth of his 
assertions, ai d to stand self-condemn- 
ed, as having in the face of the world, 
dtliberatoly mainiait.ed a falsehood. 
The Piesidcrit of the United Stales, 
coiiscious of adheiing to fairness and 
houcsty in all his negotiations with the 



British gCTernmcnt ; having i:i his 
possessii.n .Mr. Erskine's letters, csta- 
biishiiif^ beyond a coubt hi? title to tiiat 
character, he determined to put a pe- 
riod to tlie repetition ot a language- 
implving a knowledge on the pari of 
this government, that the instruciions 
of Mr. Et skine did not autnotise him 
to conclude the arrangetr.eni uf April 
last. In consequence of this determi- 
nation, the Secretary of State in a 
letter of the tst of November 1809, 
addicssedto Mr. Jackson, says, " Af- 
ter the cr.plicit and peremptory asse- 
veration that this government had no 
such knowledge, and that with such a 
knowledge no such an-angcmcit v/ouid 
have been entered inio, the vitw 
which you have again presented of the 
subject, makes it my duty to apprise 
yoM tl>at such insinuaUons are inadmis- 
sil)le in the intercourse of a foreign 
minister with a government that un- 
derstands what it owes to itself." 

This intimation to Mr. Jackson had 
no effect — in the ccnclusicn of his 
letter of the 14th of Nov. he pgain 
in a strain not to be misunderstood, 
nor surpassed in rudeness, says, '• you 
will find that in my correspondence witli 
you, I have carefiiUy avoided drawing 
conclusions '.hat did not necessarily fol- 
low from the premises advanctd by 
me, and least of all should I think of 
uttering an insitiuaiion, where I was 
I unable to to substantiate a fact. To 
facts, such as I have becocne acquaint- 
ed with them, I have scrupulously- 
adhered, and in so domg I must con- 
tinue, whenever the good faith of his 
majesty's government is called in ques- 
tion, to vindicate its honor unci dig- 
nity in the manner that appears 
to me best calculated for that pur- 
pose." The President had af.ar this 
letter, no choice left iiim but to sub- 
mit to the calumnies of the BrMsh 
minister— to be told that no credit 
was due to his asseverations, or to sus- 
tain wiih becomi g dignity, by termi- 
natiri? the miis' n of Mr. Jackson, 
the reputation of the Americrican re- 
public. 

In dismissing Mr. Jackson, I am per- 
sinded, from my view of the whole 
affair, that the President did nothing 
more, than he was imperiously boun^ 



TT 



'.u do. A govciaiTier.t, ill, iluxi ki-.ows 
no. i..jV7 lort'^jj'vct iiself, ca:.ii<>t be re- 
3;)( cifcd Tiaiiclity i.ever tails to in- 
v4ie a}:;gresbions, and l6 subject the 
nation tbat acts uccorcliisjj to iis suj^- 
ge li'Vis to iiu filiation aiKl diiKract,-. 

As the c:ent!ejr,an from Ccnnecli- 
cu;, (Air. Pi- kill) has erdeavored to 
slicw ili:»i no similaiity whatever be- 
tween the case of Dc Palm and the 
prcacut can be tractd, I will ask yuur 
i.cw;<;e.ce while I s ate the case of 
D" Palm. In the year 1727, George 
the Fi.s'. in his spcerh to Pailianicnt 
anioiii; o'her cliasges ap;aiiist the Ern- 
pt ror of Ger:->-iany, assured them of 
the trul i of iliis, that his imperial 
ni jcs'y lia.l coiicluded a treaty with 
Soiii , in wtiich was a secret article to 
to piuce the PiolC. dcr on the throne 
of Gie.vt Britain. His imperial ma- 
je ty tooK umbrajre at the kinp;'s 
spoi'ch, aad ordered De Palm the im- 
perial residei t to present a remon- 
S' aice to the Bnish court. The re- 
m-iistraice wm framed in terms un- 
u ualiy bo!' a d poimed, chai ginj; the 
kinj^ " with ctJuTinious misrepresen 
talioiis, and liazardii.i^ ass-rrtions void 
of foundation" — De Pa.m published 
this memorial. 

Beisham, the British historian, says 
— " The allegation contained in this 
le.terand memorial seem but too 
well f unded ; but the intemperate 
1 •. KUdjje of these papers giveliit^h 
an'- just <ftei.ce : a d Mr. Shippe- , 
Mr Hun';,erford, Sir William Wynd 
hou\ and all the leadei-. of opposition 
ii P^rU-c>rf.ent, warmly cucuired 
in the address to ti e throne on 
this (iccasion, which passed the House 
■without a di»ser'ient V' te, .nd De 
palm was requr«d forthwith to depart 
ou of the ki gdoni." 

My object is net to tiace similitude 
of tea;u'e>- in the cases of D< Pohu 
and of Mr. J'f.kson the Bliti^^ minis- 
ter No wo laccb are ai'ki — lo 
Cu•^es ai uniform ai d txfct in ali treir 
circumstances, but 'rfl'tg shades of 
differences do not preclude a depen 
de ce on ihe s&me , rinciple as a 
ba^iii*. I have a more impoTiart object 
in v>trv ha' such » 'on parisor— it is 
to inculrac this t]oc lit.e \ 1 ich he 
c«3« of fie Piura illu»aa<e5.-7 



lint the first step to national greatness 
is IjaiTiMHiy nnd i (jncvri in tlic ;.ovt. 
particulary so when a foreign powtip 
is the oppoiient. 'ihe iruerpLisiioi of 
the iiulhority aiid ii.lluci.ce of Pa.lia- 
rncnt in support of the Execu'.ive nia- 
gistra'e aj^aiitsl the imperial rciii'cnt, 
De Palm, was propci, dibiiue re»icd Iz 
patriotic; & the sacrifice of parly fee 1- 
ingsby the oj>posiiic ic the wclf:.rcof 
their country, an instu'ce of niaj^nani- 
mity & siilf-cunimand. no; unuoilhy of 
the t-niiilaiiori oi the Ati^e-ican pa'.ri(;is. 
Tiie genileoian from Conin-cdcut, 
(Mr. Dana)ir» the rafale he lonk, ad- 
verted to the following passage in the 
letter of the Secretary of Sta:e to Mr. 
Pir.kney— •' Anotiier ground on whicli 
protection was asked for, is the sup- 
posed tendency of the larguagt ol oup 
newspapers to excite popula< vi.:,lence 
on Mr. Jacksor.'s pe'-^on. Had he been 
longer ard bctttr arqu: i:-ted wih tiie 
habi'S ard spirit of the America:, peo- 
ple, he would probably fcyer have en- 
tertained an appie'.ensioit of '.hat ior.." 
The gcntleina- then asked, to what 
law- did the Secretary allude? la 
what courts wete redress to be s. ugi; ? 
Were thefedera. courts to be throwa 
ope'> 8c pri>secutionsto be institu ea fut* 
libe s under the common Jaw ? A: t is 
is not the first time tha quet ioi.s of 
this sort h"ve come from tha: qii. rctr, 
i. becor es necessary to give iliem a 
short answer. It is now, sii, as ii has 
always been, the doctri e ol the re- 
public'i's, th -t religious freedom ar.d 
the !ib»-ty of the press, are bubjects 
O'-. which Congress canno- cop.stiiu- 
tinnally leei-^late. if he following a- 
mend ' t-nt to the con ti'U.ion has ny 
meani) k :— Anick- 1st. ^' Coi grcss 
shall make rio law resp^ctinu' ai; e- L-ab- 
H hment of religion, or piol.ibi ing the 
fr c exercise thereof, oi abriugii g the 
fr.edom "^f speech, oiot the press:" 
And also, that the federal ceuits lan- 
nt derive any jurj didon liom the 
con mon law, auiho-isiri them to lake 
( ' gnizance of crimii^a < ff' nces. I* 
Co. gressca^ by law abvdgc the tree- 
d( m tthe r rtss— Cct v rcsf can also 
by law establish a religion ; to c( ei- 
ther of wtich I conterd r.o cor r'.Uu- 
•ini a' I over i= given. I rci: thi? view 
of Lhe subject, I am c^nvinctjd that;lj<? 



.^ - ..vy of State-could allude to no 
o-her liuvs than to sta'e laws. The 
liberty ol the piess is, thank God, 
under the KU''i''<^*'i*i'S'^ip of stale sove- 
fti^^nty ; dui I lru«t, the republicans 
V. ill r.t\crV while they are influenced 
hy correct p.iiciples, usurp stati 
powers. Mr. Jackson has a resort, if 
hi pleases, to tvib-.i i^ls ui justice as 
i( dspendent as those ol ihe United 
Suves, composed of judpjes who aie 
iii no respect inferior to those of ihe 
frdv:ral cf'urla, in talents, abilities or 
W'jnh. N-> c<'a.pl"l.i can :heitf -re be 
nude ti. .er by his Briani ic niujesty, 
or Ml. J. ck-ion, his minislei, since 
t'c Svime tribunals of ju- ice, that pru- 
tt ci 'he repuiaii: n ^id honor ot the 
1' ■•^:^ident and every oilier Ameiicaii 
ci '.zjn uj^ainst the abuses (.f ilie press, 
art also open to him. The- coi slitu 
Jion ar.d laws ot the U. States are in 
cthe; cases fully competent to his pro* 
tiction. 

I s.iall row, sir, take tl.e liberty of 
directing my alteniioi' to S"me obser- 
vations, which fell from a ire'Uleni.n 
f' ui the stitc of N<\v York, (Mr. 
G iTilcnier) wl.om I am i^l-d to set in 
his place. TiuU honor..b'e genilemci; 
has told u* that the iiiteico'irse wi h 
Gieat Biil.iin v. ould not be abandoned 
by the Northern frmers, as a commer- 
cial coil' ectiun wiui that countiy ..f 
f rd Lt vent for tl.eir surplus pmduce; 
and a so that tl e inteiesi of iiis c-n 
$ti'u ats es-entially depei ded on its 
renew ,1. I wil u der;ake to con- 
vince t.iat i^entl ..man, that he oueht 
to occuiy otht;r iMnuid, hy shewi. g 
liiat a i"..dc ca id on ur,h G Bri 
rain alor.c woud leave on the fume's 
Jmnd-s t reef'^urlhsof licir su' plus pro- 
duce A lact liOt very cons' li.g t^. the 
larm;'i-s and planters of the U. Slates. 
£Mr. Garde:ier rose tr. c rect a mi$ 
statement n to which Mr. N had lal 
Icn. Mr. G. sai 1 if Mr. N hid added 
that the Not then states wou.d not a- 
bandon their comn erce with G. B. 
for light a- d trivial causes, he w( uid be 
correct.] I am willii g, sir, to ti^ke »he 
argument <if the gentleman with this 
limitation, hat the commercial inter- 
C'use wi;h Gieat B'-itain should not 
b? surrcid^red ot abt.'^doned for light 
'f-* triyial causes. 1 have swiUcriOUgU 



on the conduct of Great Britain iQ- 
w.irds tlie L'niitd S'ates, to shew whe- 
ther their complaints arise from, and 
whether the ac's of this governnient 
are founded on light and trivial cau- 
ses. The view which I bhall takt- of 
this subject and the facts connected 
with it, notwiihstaiiding the explana- 
tion, will siill be the same. Permit 
me, sir, to express my regret, that 
aiguments on great na'ional subjects, 
instead oi beiiig general arid rontpre- 
bensjve, should be narrowed down at d 
coiifintd to I c.il considerations. It 
ii cenain y iniprc.'j ei at d impolitic to 
cu the United S'ates up into distiicts 
and slips, ;i.d to icgi h.te for ei-ch 
division. This chequer d patrh-w< rk 
son of legislation comports not 
with ti»e desigu of this ^oven ment, 
nor with the interest of this ration. 
Correct and enlightened policy in- 
culcii.es liberal and enl?rgrd views- 
sacrifice- ot local and minor inifrc^.'s 
to the piomoiioti of tlie genera good, 
and paiticulariy th's truism — hat the 
health a: d vii^' of the members are 
derived from the sanity and vigor of 
the body. My bjcct is to shew that 
our trade toG Brriiain is far from be- 
ing lucrative, th t wi are not depet>d- 
eni On htr fir r ur coHimeicia! pros- 
peiity,and iha' a tiade confined to her 
p . ts solely fo a shcrt space of time, 
wnld have a p raiising efTcct on a^rf. 
cul'ure I si»a:i arrive at m> object 
V A plain st.teme' t of facts The 
foil wing extract is from a leport of 
the Seciet:iry f the Treasury to the 
H un- tf Repiesentativf s in 1806— • 
it will SU| port 11 y asser'io . There- 
po t sa) 9 — "On the exports to the 
dominions ol G Britain i Euiope, it 
may be obsei v« d that tht t^b.jcco is 
supposid o t xceed the ani"Uii' want- 
ed for their own coiisumption ; tl at as 
the laws of G. Biiiain do not permit 
for home consunption the importation 
of tnp gre. ter p rt of the articles of 
foreign merchand'ze in American 
vesseh, those W' x. appear to havo 
been shipped in m il.t U. S. have ge« 
nerally been either cleared for E; g'- 
land and a market, or when larxJedy 
warel'oused foi re txr ortatior. ; atid 
that flour ai d vhcd which -^re not a 

permanent article ol' exponauuD iqG* 



19 



Bri*a5ni c-ns'Mi'et! more than tw>- 
thi'ds of '.M. valu^ il '-'C ;imv ■iio 13 
e Tter' fo t'lat cou t-y in 1802 a. d 
1803 Al-h iu '' h? qua fyjt.C'j- 
t <ixp or rrl 'o G B is e ere si. g, 
anti's v'li-* a'^ ititpd. in 1804, to 
near s-v mi 'ir>.> two hu dred M.ousand 
dollars ; y.i the tnt:il v lue of the ex- 
p ' ts 'o th.<» rou'itrv did not, in that 
year, exrc-.-d. in artic!e<; b<^th "f do- 
mestic and f r^-is**! produce, thirteen 
ni 'Am: twT jMi'f' ed tbousatid dollars, 
Vr St the im/io rations amounted to 
tr^rnty severi mUtiO' six hundrrd t/iou 
«("..,' n, liars. Ill kl ..,■ b'javce in Ja 
V'jT of G Britain of foWtr-en million 
tvj hundred thousand d-iUars. A this 
baLiiice nnukt rec:;ssartiy be paid out 
oj th" firoceedn of the exfiorts of the 
U States to o^her countries, it fjli' ws 
thiit on the value f ilioi-- exfiorta de- 
fiends the abilitt/ to pay for British 
7iuinujacturcs to that exttnt ; ar;d that 
the quaiuity imported for home con- 
su np.ion or re-c:cporiation, mu^i oe 
affected by every obslruciion to the 
comver. ,• of the U. S. with other 
countiies." 

ii. .lie year 1803, tlie value of the 
exp rts of tlie U. S in domestic pro- 
duce to all parts of ihe world a-rou t- 
ed 'o more than forty tv/c mil. ions of 
dollars — and in 1807 to the value oi 
for:y nine millions of d.'ilars. 

The exports of the U S to all parts 
of the world in foreicrn produce, in 
1804, amounted in value to thir.y six 
nuilior.s of dollu;s, and in 18o7 to 
fifiy-nine millions of doilrjrs. 

ThMs it a|)pears by ref^ular calcula- 
tions that G. Britain does not take of 
our clomes'.ic produce, in value, cpiite 
thirteen millions of doUa- s, and of fo- 
reign produce not riiorc th.'.n two mil- 
lit os, two hu'.dred and sixty tiiousand 
dollars. Hence the foilowin;- fic'sa^e 
evident, to wi: : that if the V. S were 
oonfu ed in their trade solely to Great 
Bii ciin, d tmesiic oroducc to the value 
of thirty odd millions of d liars won d 
Ttniain on the hands of the farmers 
and planters for want of a market ; h. 
between thirty-five and fifiy-six milli 
0"s of dollars in foreign produce 
■would remain a dead capitui in the 
couMvy. 

A coiisequcnce not generally taken 



T rnlcuh'ion >»ould inevit;<bly re- 
su ' from a nade c 'i.fi.icd to G. liii- 
tw \ alone Such i* the spni; *•! M,)e- 
cu'Ji'ion, tfiaf it must be ;<ctive. S ,ip- ., 
m n'stoG IJritain in such « slate jf 
tliines uon'.d bt- made ; t!ie maHCits 
wou'd i)ecomp flu ted — t e pv^^ of 
produce would si'.k b-iuw fi 'st cost, 
a dba'kruptcics would en e fl ef- 
forts of wliich would reach tiie ac • 
f»:' mansions of 'he farmer a. d m^.» 
cha-iic I shall sav nothing on tho 
ho-\<\ of mnki'it; G. Qiitain the de;©- 
of the produce of this country, to be 
bv her trans shipped to other coun- 
tries— -^he jTov'^r iment of the U. S. 
revolts at su'-h a pietcn^i m. I will 
never >;ul^mit to wear the bad.'jc of co- 
Inr'ii' vos^aHan:'*. 

T will now shew. 'nTt the Noi'hein 
states rre not so much i' •er:,.'ted as 
the 'P-ddie and souher s-j^io- are in 
the corMnu?tnre of friendly intcrcouric 
with G Britain. 

The exports to G Britain in domes- 
fl- nrof'nci consist > f the folio win;^ 
articles : 

i^ovar, value in dollars — fn'e millions, 
Tobacco, do three militotis two hun- 
dred 8ctwe;'ty thousand. 
Provisions, Tio miliions one hundred 

ar.d sixty thouss: d. 
Lumber, naval s'orcs, and potashes — 
One million five liutidrcd fc 
seventy thousand. 
All other n'-ticles of domesic produce, 
Ntne hut^dr^d '.housand. 
F om this statement, if atte.'tivcly 
considered, it will appear, that the 
mic'dle end snuthem states supply G, 
Britain wi'h dvomestjc produce to the 
valu' of„-erieven miU'-oos, seven hun- 
dred ?.'4T seventeen thcu5ard dollars, 
and the Ve- En(::!ar.d states ar.d state 
of Ncv;' York witli not more than a- 
mouots to one million seven hundred 
and twelve thousand d >Ilars. 

This last mentioned sum when di- 
vided into por ions between the New- 
Ivij^land state* and state of New York 
will not very logically and arithmeti- 
cally prove that the northern states 
arc njorc interested than the middle 
and southern stales in a commercial 
intercourse v.ithG. Biitain. 

Itis, s-r, furfro.i my intention t<| 
de;oga'.e in the I«r»st L'-om Wx-i tt:y# 



>0 



merciul importance of the nori'r.ern 
9'.-,ifs — lor IS jl uiy in'e- '.itn to make 
i.'i'lr.us coTtipaiisoi.s. I h^ve beon 
re'iK at.ilv compellccl to sift, lo a-.a- 
1) .e dof^rnus v/iiich have oeeii so 
ot (-■. pronour.ced wi'h cof>f dence on 
t lis (l to' and lo viijuic I'.e liie ctiarac- 
tcr .t' tar state, I have t!ie honnr in 
p— '> vepre* nt T' i-n ilie crari^e )f 
fc'iinv; hostile 'n c .mricice, and partj- 
cu TV \Tiih G iJ itiin. I trust, sir, 
tha* I hive shew . that ^'■ -i ia as a 
P' i'iC.'H;- stare is intereste 1 ' • r.oni- 
I'lCT'-e Kjually \vi;h iv. sis.er sta -s ; 
bu: 1 am . ;tisfied that ^ w 11 be a 
Tilotg the last, fj ?ui:'e :dtr ne i.a- 
ti'Mal ligr.;, to obtain a tniserabie p'.t- 
tdLKc.t 'f coimnerce. 

Much ha» been said, sir, on the 
suhject ''vf Ff^vcnue, and ma y have 
dcT)Ior».d, it) a inanner not to be mls- 
tak n the dirninutloa of the same 
I •} co!T)%-. "Tfiitor'ant to uviderstand 
t •»? s'lP 't* :he Treasu'y '^nd the 
c^u c^ •vbich ^avr: cor.tdhuted to le5- 
st'. ihj receipts. Evr.ry man who 
cinsidersthe si-uation ofthi-> co"nt y, 
in a so'>er, and temperate m;inncv, 
must perceive "liauhe fi-rd operatio' s 
of h? U. S h^ve not b2cn iniuvcd by 
any act of the ijovernm'.Mit A. mo^t 
oi oui revenue is derived froo corn* 
TT»- " e, ay depression wliich '.lie latter 
snfT rs must Iiave a tenden* y to 
decrease ;he termer, Oir commerce 
vith foreifjn nations is independent 
ot'tliC cnr.tro! of tl-.is j^oveinment. 
K 1' h na'ion has th«; lisht, and tiic 
prtw.'rr of reguliiling- ihe same within 
its dom.inioiis. A rpve U'j .vliic!) dr- 
pc Ills .in comn>rrce m'lS' necessaiily 
b'.: 'inre*'ai'i and capri -ivius. I, m .y 
b fji ""at to djy — t-i m.orrow it may h". 
r. "s by half than on 'he prcredii'.f:^ 
dav The arhifrary e«Iictr. of i^overn- 
nrmis tc 'O cnm.m. rce, wha' he 
state of the weaklier is to mercury in 
<.h' tube 'if a Thermo-vieter ; v risf.s 
and falls from the j-.flucnce ofcui'j'^s 
over w'\irh ^lote ra:* i)e no cojrrol. 
Tilt vvar i:e!\vccn Great Rritriin and 
Fvjr.cis of a thiu'rrtcr, that has no 
PiVdlfi in th/* l)is'ory <.f tli< worid, 
Tl;". I iw of nations in a!! former -.vars 
afT'i'd''.! ?n"r.e sirt of proteriion to 
r . i; <■' , ' n: ;utv ;• is a dead IcJter. 
Great IJiitMia ...iJ Frauct b;' orders 



^d decrees prostrate in the twinkling 
Ml an evit tlie wise and vc 'crablc mo- 
numems i-f a^ije^. Lri heir rat^e a- 
i^air 5t ea^h oir%:-, and from ;he in- 
.Vi^atim uf e. vy and jealousy at the 
prosperi y of otners, they respect no 
Ijw, i-)r rii^hts. Ii the p.ervitude <•{ 
power — t'*icir will is Jic ia\v. From 
thec)n uiscd stale <>f tmope, the U. 
S. just risiiig from .he ci);il'u3ion u:id 
depre^^ioM of a Jonjj rcvoluioniry 
con'.est f>r imlope- donct, luid -nd 
s.ii! has a dith:uii part to ac. Tlr ir 
policy has been to avoid b-ini; par ies 
to a co'itest wliich iirr.mised no advan- 
tat^e. A'.dit wili require all the saga- 
city of the •;istoriar, wi-.o records il:c 
eveiUs of t! cae times o dctei mine 
whether h;»sli'itiet or .sliiances have 
been most fjtal to the r.at'on whose 
misfortune i lias beci 'o take sides. 
Suffice it to say that the commerce dJ' 
tlie United Sia'es baa suffered imjch 
from the orders and decrees of hs 
beili:<cicnts 

Can it tiierefore be a nv.U'cr of 
wonder that the revenue should ex- 
perience somo diminuti'jn v/hich de- 
pended i • times like tiiese on the 
prosperi'y 'if comm.erce ? Ni liule 
cons'ia ion is hovrever dciiv.d fiom 
iw'owin;^ that though our c;nbarra'fs- 
ments have been j^cm', the revenue 
hr»s been such as by able mana;;einc.nt 
to support tlie government without re- 
sorting to taxes, and to enable the re- 
pubiicunslo p-iv large debts contract- 
ed in times nf fc?de"al prospeM'.v. 

If a loan of four millions sixiuM he 
required, it wi I b borrowed to pay a 
c'cii'T. Ni new debt is thereby 
crcaed 

A'.li"u:rh a loan to that amount 
shou'd be: mnde — vet thenatif.nal debt 
is di'iiiirislung, ina-?much as an appro- 
priation to the amount of eight miiii- 
or.s - f dollars is made for the pjyineut 
of the pub'ir debt. 

As a great deal has been said about 
the revenue — it is necessary thac he 
obseivations shouM be fairly met. 
From some remuks and hints, a su)- 
posiiion may be rirtertaincd that the 
present administr3to|s of the ;^overi- 
mer.t. h \v : been lavish of the pu^^l'.a 
treasure — 'h?' they havo bren podi- 
aal. To lebuiaucli iiisinuaUons, iet 



21 



facts be stated. On vatyue assertions 
no -eiijn^e can be had — i r:om'->*'U've 
view >)f 'Se f/fleral a-ul ♦•epubl can ^A- 
iTiinisTations will sbew which ouj^ht 
to liave mns' mirit for hiisna-Kriiigj 
the fi ancs — and for extendini^ com- 

Federal .Idministra- Rehuh'ican ndminis^ 

tion. (ra"'o" ommenc tithe 

Athnf Mirch. 18' tl 

'I''<"'-'v nin" millions 

,. • , ■, it„„it,c '^f (I'lllirs i>-i 1 from 

5i!. ..r M:..rh isul. '''^ ['^^ "* -^"'"'^ ^^^'l 
eiffhtv millions of dol- to the nr^.^t t,.ne 

\r>nev in the tre^vsu- '^'^ " '''"'^ '■ ;l-;^t_this 
ry on the Is el ..v ^i Y'"''^^''' T V 
Apnl 18jl,one ml'li- '^^" f «;•; "^;"^"° 
on seven Iniiul.T.l and m-^.;'-hv Mr \'l ms 

nine v-four thousand "J ^.P^-" ^f "^ "^ ;;,^- 
do'lai"' clus'vo o* ininv niiMi 

nn<; paid ♦'or interest 
01 Mip ition 1 de'>t. 
Lo n hv ^^l^ Ad-^ms, .^'^ ''^=i"s m.d^ oinre 
five millions at « per the nommenrennpnt of 
^g^j^ t'le vennbhcan :idmi- 

nistntion. 

Land & house tax. ,, , , 

Tvx on skills ^^" taxes repealed. 
St -nip '.ax. 

AUcn and sedition x„ .dien and sedition 

Dii'.ies on mei-ch n- 
di/.e imported md on Tlveniif-"i IfiOr, n- 
toni-a.q-e in 1800. a- '•'"^'"i" ^'"''m mer'-han- 
mo.mied to nine mil f'> '^'^'^■" '•' P'>'-tod 8c 
lion, cig-h'v thousand. ^''••'"1 ^^n'lHire bout 
niiic hu-.di^d Si thirty sJ^t-en mdhon ofdol- 
two doll rs ' I'l"'*- 

To-.nuKe in 1800, to T.,nnri{re in 131S 
nin- iiundied .nd se- ^„p n^;)]; „ -u-olmn- 
venl. -two thousand ,i,.,.,| g^ twentv-sevcn 
t^'^- thon=!and 

'T'he p',i"chasp of 
Lfinisi mi h s qnieted 
th ■ min Is of our wes- 
ten "i'izens. niaced 
thf> T ^,\\ n« \vi: bin our 
power, o.nd o-ives to 
th'» "•ovcnment a 
fund 'n vacant I n Is 
worth at a low rilr.ii. 
ln*'on thi'^p hmdred 
mi'''on "fdoll'.rs 

In r n li'l" «»x*in- 
f^MS"d to manvTiil'i- 
ons of lucres on the 
eastern side of the 
Miss'ssippi. 

The credit of'iie na- 

liivi is such as to c/m- 

Tnand wlmiever it 

may requii*-. 

Ihe resolution fro n tiie Sen^.^e i* 

•iai:! •■.> have a war aspect. If it hn"?, 

J aai tgo blind to see it, but for argu- 



neit^ B%ke, lef nn lunnnse, it takes 
sirfinor iTOT'd ^.\y ve, sir, fro tj ■ 'C 
cond'ic* of th" B'-'t'sh minister, do 
leR'< ? When the .r'vernment is in- 
snl»ed hv the mii'^'er "^'f a foreiirn 
power, w» owe it to our consiiiuents, 
a' d 'o ourselves to rnain'ain i^s rij»lits 
and H' '^\'y. Todoi'^s^ would be, in 
my opinion, to tami'^h. if not to sur- 
re-dor that i 'depende ce, so hoiora- 
blv a'chicved bv the valor of our an- 
cestors. N^o man in this nation h^s a 
rjreatT abhorrence to war and its de« 
mor d'ziojr tend'^ncies th m I. I am 
unwil'i-.{ir to daw the sword, unless 
innperinus necessi'v ureses an appeal 
to it. ^s indispensible. Bu' wi'l the 
fear of w ir put it ^t % Aw * ce from 
us' Ts frar, 'he -E.'is, t'>ar -s to 
shield this ation fro o it ? History 
inr)rm« n> thi"^ sunoli.int naMoos i^ave 
^elt most severely i's scour. -e. No 
na'ion that ever purchased a p-^are, 
bu' c^aire a pre oiu n fir war To look 
at dintrer in the face, is to disarm it. 
Did our ancestors, of ejlorious mcmo- 
rv> obtain indenende'tce by half way 
measures and indecision ? N >, they 
resolved to b^ Tee — ^nd became free. 

Thev de'er ni-'.ed not to subioit to 
(he power f the Rr'tish Pirliament, 
to tax hem. They resisted the in« 
siG^n'ficant, cnntemp'ible tax. not be- 
cause it was oppressive, but bcc;iuse 
the. pay -^Kn' ot one cent would cs a- 
blish the riq;h' of the British P.ilu- 
mentto tax them. Vy^iihouta jx'^vtrn- 
mcnt, withotit money, wiilmut a tr.a- 
surv, wi'Ivm' credit, without arms, in 
short without any thing necessary to 
carry on war, except union and stout 
hearts, they refused to pay tlie ea 
tax, and in defence of those rii^hts, 
which nature'> God had pjiven them, 
they commenced the corde^t. I a 
righteous cause, they hjd iiothiiiij to 
fear. 

That Hod who led the pcrsecited 
th'ouirh the ficr;' furnace un-oucoed 
a'ld unhu't, le t' em also thr.'U. h 
revolution ary horrors ami cari.am, uid 
on »he ruins 'f their oppressors, e rc:- 
ed the standard of il,depe^de:t e — 
Shall we, sir. tmdcr a |»ovcrnmeiii of 
our own cl'oice, and with mean-, rot 
inferior to tho<;e of nnv '''.itT*.:! what. 

ever— sh;All wc in iliis tenriple dea4C&-^• 



22 



th(- ri.r S' r'<"'~d b'>v '• ' f' ? I 'iu«it ii. 
Gfi! we shall rot. I: necessarv — I 
trust we >h. |!, bear' aid 'land, urite to 
cany it ae^ in victop'o is througb the 
ranks of our eriemies, and ertct it 
again on their ruins 

As an ohse< vation has been made, 
tending to 'hew thatoppo iti.),i to lie 
administaiion <•{ the government is 
not inconsistent wiih an e 'Ii .itened 
zeal for liberty, or att chrnem to the 
CO sti'u'ion, it becomes necrssa'v 
to understa- d the ex'ent and force of 
the observation before we ixivn to it 
th<' innportance of a poli'icaJ maxiin. 
If no more be '-nean , than 'hat a re 
presentative of the people is bonnd 
to v'ive to every act of the other 
blanches of government, a dispassion- 
ate investigation, and to wi'hHoId his 
a'j^ent from measures, whi^h he is 
Conscieniiousy con iMced cannot p-o- 
mote 'he public t^o- d, I acco'-d t > the 
justness of it. T e soverc'ijn power 
o' tne nation, being entrusted a; d con 
fi i" d to our exercise, and to that of 
tlic other co-ordinate bra-ches of go- 
vernment, »ve are S'lem' ly called up 
o.t. 'o exert our eiei^i- s, meital a-d 
physical, for the desirab'e nurprse of 
deriving from the constitu ion evefv 
good, that it is suscepti'l-. of bes'ow- 
ing W3 have ()l---dG:ed ourselves to 
tiic citizens of United Ameiira so to 
act ; we are bound to fulfil the expire- 
tuioni of the peop'e ; and to trat-s- 
rr.it to posterity > freehold pUri oony 
of liberty aid inde|)endence 

These blessings are not within our 
Teach ; they will never deicend to 
posterity, if we permit the banc — the 
pfiisun of all free govpinmp"'s, the 
spi.it of faction fo ass-iil the con<ti 
t\!'t*d autboiitics — i' is ■• ffirtion Mut 
Vii bi a slo'v H! ■'! .^"^less a'~'i'>), 
irear away and uUimately destroy ihc 



sp'IngB ttiat e've to republics an irresis- 
tible force I ''m ot, sir, the advocate, 
nor will I be, of any measure w ;ich 
shall not derive its origin, from a con- 
stiuti"nal or correct political princi- 
p p I will to the best of y weak. 
jud>rmen pursue 'hat line of conduct, 
Wiich appear? to b^. just and proper ; 
w'li'-h while it teaches nr.c, that I 
ou -ht to respc't mys-lf, informs me, 
that respect is al«o due to those who 
are honored with the confidei.ce of 
th*^ na'ion, and are made the deposi- 
ari 's ofi s power. No measure shouid 
Iv consicrned from the prevalence jf 
party spirit or feelings, either to blind 
ann»-o n'ion or to blind rcp'obation. 
P T^onal considerations should give 
place to sentiir.eits of patriotism. 
Th- a-ihiiion of mi. Is-ering as tie 
high o'iest at the altar of a party, 
sliould h?. merged in that elevated en- 
'Nu iism 'hit ivould make us wor- 
sh'poprs in the tru faith at the altar 
of out- countty. The constituted au- 
thorities would 'hen, each in ii its ap- 
pronrinte sphe^'', perform its consli- 
ru'ional function^, ; iccomplishing iho 
end of i»s creation, in feelini> n J obey- 
ing the ceni:d i.fluetice of the pc'^ple 

-he centre of the system. The de- 

sno's Tf the world woald trembls at 
tho poiver of the natio. , wtien that 
po-' er wou'd be wield.'id by the na- 
tion. If 'he best interest '>f his na- 
tion shmild not be properly secured 
and m:ii; tained as i- ough", I rrutt iu 
God. th^t the citizens of U-.i;ed A.. 
me''ic'> wil! awakon to behold the 
(lingers '.hat surround them — hat y 
will trace efTf'Cts to their cause — that 
they wi'l ascend to the fountains froi.2 
wljtch all their misfortunes flow — 
that ih".y will, at a c''isi^ I'k-. this, ri.se 
in the m^j'Tsty of thei'* strcneth and 
co'p'T-,in tc.^i.c the national arm, iho 
pov/er of the nafion. 



% 




auai 



